In court proceedings for infringement of a patent for a process for obtaining a new product, where the same product is produced by a person other than the patent holder or a person authorized by him, it shall be deemed that such product was obtained by the patented process in the absence of proof to the contrary, provided however, that in the adduction of proof to the contrary, the legitimate interests of defendants in protecting their manufacturing and business secrets shall be taken into account.
Infringement of a patent or petty patent shall be established only on the basis of evidence showing that the subject matter alleged to be infringing incorporates or implements each element of at least one claim of the patent or petty patent alleged to be infringed. Infringement is not negated by the presence of additional elements in the allegedly infringing subject matter or by the existence of claims in the patent or petty patent that are not infringed.
