Circumvention Analysis on a Taiwan Patent Infringement Case – Glass Gripper of Patents on Door Frame Structure

Abstract

Traditionally in the arena of TRIZ, patent circumvention that is based on the legal document of a patent is achieved by using trimming to delete one of the elements in the independent claim, or significantly modifying the function, way, result of certain element. However, its results are seldom verified by patent infringement test procedure. This paper uses a real infringement case in Taiwan Intellectual Property Court, case 102 of civil procedure in the year of 2014, where the defendant’s product, non-glue glass gripper, is compared with the plaintiff’s patent claim of TW584161, the improvement of frame structure. And there is no significant difference between the product and the patent claim in terms of function, way and result, thus resulting in infringement. Afterwards, TRIZ tools such as function analysis and trimming are used to pin down two crucial questions, followed by brain storming to develop circumvention solutions 1 and 2. Then follow the patent infringement test procedure such as read on, all elements rule, doctrine of equivalents, to ensure these two circumvention solutions indeed do not infringe the patent claim of patent TW584161. Function analysis shows that the elements of the first claim of patent TW584161 includes: frame body, packing element, gripping element, adjusting element and glass sheet. The feature of this patent is to rotate the adjusting element to move up the packing element to further have the two grippers of gripping element come closer to grip the glass sheet firmly. The feature of the circumvention solution 1 is that the resisting element is solid and with protruding part which can be inserted into the undercut glass sheet unto the securing of the glass sheet. The feature of the circumvention solution 2 is to move the plastic sealing module by hand to activate its locking position for the purpose of positioning the glass sheet.