Practice Areas | Legal Enforcement | Q & A
E. Procedural steps to trial 8. Is written expert and fact evidence exchanged before trial?
Yes. To hold an oral argument, both parties are required to submit to the Court a brief explaining all arguments for the issues and evidence used for each of the arguments; and a copy of such brief shall be delivered to the other party.
E. Procedural steps to trial 9. Can some matters be addressed by the court separately before trial? (eg. claim construction)?
Yes, Under Article 268-1 of the Code of Civil Procedure, the Court will summarize and simplify the issues, including claim construction, patent validity, infringement or non-infringement, and damages calculation. All matters can be addressed during the preparatory procedure before trial (an oral argument).
E. Procedural steps to trial 10. How is the confidentiality of information and documents maintained?
If one party thinks that the documents submitted by the other party are concerning the first party’s trade secret, the first party may file a motion to seek for an order to keep the documents under trade secret protection according to Articles 11 and 12 of the Intellectual Property Case Adjudication Act.
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