关于思科诉华为的案例分析-法律·专利法专业论文.docxVIP

兰州大学颐士学位论文 兰州大学颐士学位论文 关于思科诉华为的案例分析 Abstract 触a“keystone case in IT history”，the case Cisco VS．Huawei still exerts its influence although it has been seven years since the closure of the case in America． Nowadays，corporations worldwide use the patent as a weapon tO fight in the fierce competition arena，therefore，it cannot be more important tO analyze again the strategy that patent has been used by Cisco in this case against Huawei． Through legal analysis，this thesis concentrates on Ciseo’S patent policy of its private protocols as well as the approaches it used to impede market entry of other competitors and therefore hamper competition in the market．On one hand，as one kind of the technical standards，private protocols per se are extremely exclusive and therefore，once they have been applied together with patents，they could be more vital and under such a situation，the patent could be abused by its owner．On the other hand， the integration of patents and technical standards can further strengthen the obligee’S monopoly in the market and consequently,exclude competition． The body of this dissertation combines three parts．The first part focuses on the background information of the case．After careful reading of the litigation put forward by the plaintiff,the author divided the statement of complaint into three categories and this paper will concentrate on litigation concerning patents．The analysis therefore sets forth some important notions such as private protocols and industry standards， and by making contrast and comparison of those notions，the author concludes that Huawei just used Cisco’S private protocols in a limited way and it cannot be sorted as tort，and raises the possibility that Cisco might have conducted patent abuses． The second part demonstrates that the conduct of Cisco is a patent abuse in technical standards．By analyzing the potential threat resulted from the integrat