China's first "patent extortion" case set hammer, to tort litigation blackmail others finally sentenced!

On September 30, the People's Court of Shanghai Pudong New Area tried China's first "patent extortion" case. The first instance sentenced Li Mouwen to 4 years and 6 months in prison and a fine of 50000 yuan; Li Mouwu was sentenced to 2 years in prison and a fine of 20000 yuan.; The illegal gains shall be recovered and handed back to the victim; the tools of the crime seized in the case shall be confiscated.

According to the verdict,The actual controllers of Shanghai Kendou Electronic Technology Co., Ltd. (hereinafter referred to as Kendou Company) and Shanghai Budao Industrial Co., Ltd. (hereinafter referred to as Budao Industrial) are Li Mouwen or Li Mouwu and his wife Gao.2017Year3Month7During the month, Li mouwen, in the process of operating and managing kidou company, learned that palm reading company was in the stage of initial public offering, taking kidou company as the plaintiff, and successively used palm reading company to infringe its patent right (patent number isZL201010523284.4,The patent name is“The way and system of starting data transmission between devices through image acquisition.”, referred to as the patent involved), filed a civil lawsuit with the Beijing Intellectual Property Court and the Shanghai Intellectual Property Court.2017Year8In January, Budao Industrial filed a lawsuit with the Beijing Intellectual Property Court against Zhang Yue Technology for infringement of the patent involved. After negotiation, Palm Read Technology accepted the dispute mediation agreement of Budao Industrial and promised to pay80Ten thousand yuan.2017Year9Month, palm reading technology inAshares listed. In fact, the company licensed the patent in question exclusively to Budao Industries, although the contract was dated as follows2016Year12Month29However, according to the registration information of the State Intellectual Property Office, the starting date of the license of the company is2017Year9Month20The effective date of the license filing is2017Year11Month30Day, and in fact, the suspect admitted that the exclusive license contract between Budao Industrial and Ko Dou was signed at the time.2017Year7month.

2018Year1In January, Li sleeves and Li mouwu were successively arrested. In the same year8In January, Shanghai Pudong Procuratorate filed a public prosecution. The court held that Li Mouwen, Li Mouwu for the purpose of illegal possession, malicious collusion, fictitious reverse signed exclusive license contract, manufacturing Kedou company and step island industrial exclusive license in the first, Kedou company and palm reading technology ordinary license in the later illusion, there is this contract to extort the victim unit's factual behavior.Hindering the listing of the victim unit by means of prosecution and reporting, causing fear among the relevant personnel of the victim unit, and then asking for the property of the victim unit in RMB.80ten thousand yuan,Accord with the constitutive elements of the crime of extortion.

In this case, the judge used a special term"Patent touch porcelain ", this is not a legal term, but a vivid description of the illegality of the act in this case. The key fact of the conviction in this case is the reverse signing of the contract, which is a fictitious act. Budao Industry did not enjoy the relevant rights when the alleged patent infringement occurred. Through the false contract, it created the illusion of the subject of the appropriate litigation. For the commercial operation of patents, it is easy to think of another term "patent hooligan". Although its behavior has been criticized, it is still within the legal scope. Companies can use their own resources to screen and integrate valuable patents in potential fields. Through patent litigation and patent layout, many dormant patents can be activated, operating funds can be obtained, and the society and the public can be awakened. Patent awareness is beneficial to the development of the patent system, but this kind of operation must be established within the legal scope.