专利诉讼是专利权人原告、被控侵权人被告和法官三者在矛盾运动中各自演绎的过程。 在诉讼中,“客观存在”是诉讼的基础,原告依据专利权及被告侵权的客观存在事实起诉,被告依据公知技术及原告专利权的缺陷之客观存在进行抗辩,法官掌握判决权。专利诉讼与一般民事诉讼不同之处在于,公知技术是个深度难测的汪洋大海,历史上没有任何一项专利诉讼能在充分掌握它之后才结案的。所以,任何判例的公正性都是相对的。原 Patent litigation is the process by which the plaintiffs of the patentee, the accused infringer and the judge all perform their respective deductions in the contradictory movement. In the lawsuit, “objective existence” is the basis of litigation. The plaintiff sued on the basis of the objective reality of the patent right and the infringement of the defendant. The defendants defend against the objective existence of the known technology and the defects of the patent right of the plaintiff, and the judge has the right of judgment. The difference between patent litigation and general civil litigation lies in that the well-known technology is a vast and unpredictable ocean. No patent litigation in history has been completed before it can fully grasp it. Therefore, the fairness of any precedent is relative. original