Bear Electric Appliances Infringement of Patent Disputes in First Instance 180000, Second Instance Rejection of Prosecution

Bear AppliancesViolationThe first instance of the patent dispute case was compensated.18Wan, the second instance rejected the prosecution.

12Month2On the same day, the China Judgment Document Network issued the "Civil Ruling of Second Instance on Civil Disputes over Patent Rights of Utility Models" such as Guangzhou Huide CNC Technology Co., Ltd. and Xiaoxiong Electric Appliance Co., Ltd.

The ruling shows that the trial court in2020Year6Month12Japan accepted the lawsuit of Bear Electric Company.Request for prosecutionFor:1.Delang Company and Youyuhang Company shall stop selling and promise to sell the products that infringe the patents involved, and destroy all the infringing products in stock;2.Huide numerical control company, warm energy company to stop the production, sales, promised to sell infringing patent products, destroy all the inventory of infringing products;3.Huide CNC Company, Warm Energy Company, Delang Company and Youyuhang Company jointly compensate Bear Electric Company for economic losses and rights protection expenses.100Ten thousand yuan;4.The case acceptance fee shall be jointly borne by DeNC Company, Warm Energy Company, Delang Company and Youyuhang Company.

Guangzhou Huide CNC Technology Co., Ltd. refused to accept the verdict of the first instance and appealed to the Supreme people's Court of the People's Republic of China. The Supreme People's Court of the People's Republic of China2021Year9Month13After accepting the case, a collegial panel was formed to hear it in accordance with the law.

de cnc company appeal request:1.revoke the original judgment and change the judgment according to law;2.1. second instance litigation costs are borne by Cubs Electric. Facts and reasons: (1) Huide CNC Company implements its own patent, which does not constitute infringement; (II) Huide CNC Company is small in scale, low in operating income, and the original judgment is too high to afford; the (III)'s patent number for Bear Electric Appliance Company is ZL20112053 ×××. 7The name is“Face-and-face awakening machine”The validity of the utility model patent is not recognized, and the patent in question has been2021Year8Month12All patent rights were declared invalid by the State Intellectual Property Office.

Although the patent dispute case has been settled, but the case involved in the intellectual property rights of knowledge!

Patent Infringement:

Mainly refers to the manufacture, use, sale, promise to sell, import invention, utility model patented products or patented products obtained by patented methods for the purpose of production and operation without the permission of the patentee, as well as the manufacture, sale, promise to sell, import design patented products.

Legitimate source defense:

Any person who, for the purpose of production and business, uses, promises to sell or sells a patent-infringing product that is not known to have been manufactured and sold without the permission of the patentee shall not be liable for compensation if he can prove that the product is of legitimate origin.

How to determine the amount of compensation for patent infringement?

①Determined according to the actual loss suffered by the right holder as a result of the infringement;

② If the actual loss is difficult to determine, it may be determined in accordance with the benefits obtained by the infringer as a result of the infringement.;

③If it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee.,The amount of compensation should also include the reasonable expenses paid by the right holder to stop the violation.;

④If it is difficult to determine the losses of the obligee, the benefits obtained by the infringer and the royalties of the patent license, the people's court may determine to give compensation of not less than 10,000 yuan but not more than 1 million yuan according to the type of patent right, the nature and circumstances of the infringement and other factors.

Patent is invalid:

The invalidation of a patent right is a decision to invalidate a granted patent upon the application of a third party and the review and invalidation review department of the Patent Office of the State Intellectual Property Office.

A patent right that has been declared invalid shall be deemed to be non-existent from the beginning.