Hualu Hengsheng was 80 million in the first instance for suspected patent infringement and was fined 800000 for obstruction of proof!

Shandong Hualu Hengsheng Chemical Co., Ltd. (hereinafter referred to“Hualu Hengsheng”）Is a fertilizer, chemical, thermoelectric, gas for the main business of the company, inJune 2002 inShanghai Stock ExchangeListing(Stock Code600426）。July 1, Hualu Hengsheng issued a notice saying,2016At the end of the year, Sichuan Jinxiang Sairui Chemical Co., Ltd. (hereinafter referred to"Golden Elephant Sairui"), Beijing Ye Jing Technology Co., Ltd. (hereinafter referred to as "Ye Jing Technology") sued Hualu Hengsheng for patent infringement,Ningbo Chemical Research and Design Institute Co., Ltd (Hereinafter referred to“Ningbo Chemical Institute”), Ningbo Far East Chemical Group Co., Ltd (Hereinafter referred to“Far East Group”) and natural person Yin Mingda (former chief engineer of Jinxiang Sairui), the patent involved is No.ZL 201110108644.9 and ZL 201010216437.0 invention patents, the two plaintiffs claimed that the four defendants jointly implemented the engineering design, manufacture and construction of melamine project, and jointly used the pressurized gas phase quenching process method, combined heat exchanger and fluidized bed reactor equipment, which infringed the exclusive right of Jin Xiang Sairui's invention patent and caused infringement damage to Jin Xiang Sairui. Recently,The Guangdong Provincial Higher People's Court ruled that Hualu Hengsheng immediately stopped infringing the patent right of melamine production method owned by Jinxiang Sairui and its subsidiary Yejing Technology, and compensated the plaintiff for economic losses and reasonable rights protection expenses.80 million yuan.

The patents involved mainly relate to the energy-saving and capital-saving gas-phase quenching melamine production system and its process, combined heat exchanger and fluidized bed reactor, which are all technologies related to the production of melamine by pressurized gas-phase quenching. According to reports from Golden Elephant Sairui, the patent involved was invested nearly 100 million yuan by Golden Elephant Sairui and the technical team of Ye Jing Technology.More than 10 years of successful research and development, the current production of melamine technology is still a high level.

During the trial of the case, the plaintiff claimed that the contents of the "Safety Assessment Report" and "Design Special" submitted by Hualu Hengsheng to the relevant safety supervision department objectively reflected the technical plan for the implementation of the melamine project involved, and the four defendants could be found to have infringed their patent rights. Hua Lu Hengsheng believes that the recorded content is different from the technical scheme implemented by its melamine project. The technical scheme related to the melamine project is its trade secret, and it clearly refused to conduct on-site inspection in the court trial. When the court went to the Hualu Hengsheng factory for evidence preservation in accordance with the law, Hualu Hengsheng took various measures to hinder the court staff from performing their official duties and refused to enter the project site. The act was judged by the court to seriously hinder civil litigation and decided to punish800000 yuan. Evidence preservation is an important system in civil litigation. In the case that the scope of the preserved evidence involves trade secrets, the relevant right holder may request to take reasonable confidentiality measures. Hualu Hengsheng's refusal to preserve the evidence on the spot of the court will have an adverse effect on itself.

Hualu Hengsheng also said in the announcement that inIn October 2011, it signed a contract with Ningbo Research Institute of Chemical Industry and Ningbo Far East, agreeing that Ningbo Research Institute of Chemical Industry and Ningbo Far East guarantee that all proprietary technology and related technical data provided by them are legal holders. If a third party accuses Hualu Hengsheng of project infringement, the two Ningbo companies will be responsible for negotiation and assume full responsibility. 8000Wan's compensation and80Who will eventually bear the penalty will have an important impact on Hualu Hengsheng's business activities. At present, Hualu Hengsheng has appealed to the Supreme people's Court against the judgment of first instance, and the administrative litigation on the invalidation decision of the patent involved in the case and other related patent and trade secret litigation are still in progress.