1. This is because under this procedure, it is not an act of infringement to seek marketing approval.
2. One of the constitutive components of trade secret infringement is that the infringing act has caused great loss upon the obligee.
3. But regular accusations of copyright infringement by record companies at home and abroad finally pushed the country to act.
4. Therefore, the act shall not be deemed to constitute patent infringement.
5. Generally the defendant does not question the validity of the patent, but merely denies that its act constitutes infringement.
6. This is particularly based on the infringement of intellectual property such as patents and trademarks, according to Section 337 of the US Tariff Act of 1930.