The Shanghai High People's Court requested the SPC to clarify the issue of reasonable fees requested by the defendant in an IPR infringement lawsuit on the basis of the plaintiff's abuse of rights (Shanghai High Court [2021] No. 215), and obtained the following comments: in intellectual property infringement litigation, the defendant submits evidence to prove that the plaintiff's suit constitutes an abuse of rights according to law and damages its lawful rights and interests, and requests the plaintiff to compensate for reasonable attorney's fees, transportation costs, accommodation costs and other expenses paid for the litigation, the people's court shall support it according to law. The defendant may also sue the plaintiff separately for the above reasonable costs.
http://www.court.gov.cn/fabu-xiangqing-307061.html
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