The civil liability of cessation of patent infringement is not of inevitably consequent judicial decision in patent cases since the primary patent right is distinguished from the patent right remedy. Based on the alternative strength of patent right protection, the “functional failure” of tort liability resulted by the alienation of patent right, as well as the inherited preference of Ethics exposed to the judicial process, the judges enjoy the justification of discretion. It is significant that the judges should apply this kind of power carefully, which is not only about the authority of patent infringement remedy systems and the judicial justice, but also about the profound impacts to development of technology and economy. In stop patent infringement liability in the prudent exercise of discretion, not only about the legal system of patent infringement claims the authority and impartiality of the judiciary, and the profound impact of technological innovation and economic development. Enlightened from the judicial experiences of permanent injunction in the field of U.S. Patent Law, Chinese judges should follow the spirit of patent law, ethics, public patent policies when to apply the discretion into the liability of cessation of patent infringement.