News | Brazilian Superior Court of Justice authorizes technical expertise in alleged patent infringement

In September 2023, the Third Panel of the Brazilian Superior Court of Justice established that expertise with specific knowledge would be necessary to analyze a case of alleged patent infringement.

In this case, the appellant, who was sentenced to pay for the lost profits, pointed out the impossibility of using a document produced unilaterally to prove the royalty percentage and the absence of technical expertise. Therefore, due to the lack of specific patent expertise and the fact that there was no dynamic distribution of the burden of proof, there is an absence of important process principles, such as full defense and the right to appeal.

Given this, the rapporteur decided it was necessary for the case files to return to their origin, to promote evidence through technical expertise.

For more information, please do not hesitate to contact us at international@simoes-ip.com