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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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