(Reporter Dong Xiaojun correspondent Shu
Qin Xie Ying) with a patent infringement lawsuit, the judge under proper
mediation, involving not only the two private enterprises to give up a fierce
fight, and turn hostility into friendship and cooperation, jointly cope with
international competition. Recently, the two sides signed a mediation
agreement.
February 10 this year, the Municipal
Intermediate People's Court accepted the city a zinc alloy products company
legal representative Mr. Dong litigation. Mr. Dong said his company focused on
private enterprises for the city, with "three-dimensional adjustable door hinge," the patent. In early
February of this year, Ningbo Australia state companies export to the customs
declaration batch cabinet Hinge
products suspected of infringing its patent for invention. TUNG ask the court
to immediately impound the shipment, and filed suit injunction application.
The judge held that if a court injunction,
the defendant companies will be fully discontinued, this is likely to hit the
aftermath of the financial crisis is still in the recovery of private
enterprises. Judge handling the case decided to convene the parties a hearing
before making a decision.
Originally, in October last year, a foreign
find TUNG, request processing batch window hinge products. As foreign investors
out of the price is too low, Mr. Dong did not accept. Thereafter, the foreign
orders to the Australian state of the company. TUNG very sure that the
Australian state company for foreign production of these products, related to
their "three-dimensional adjustable hinge" patent. Australian state companies
believe they are based on orders placed by foreign production, does not
constitute infringement, but also in the TUNG prosecution, they have National
Patent Reexamination Board made a request to declare, "three-dimensional
adjustable door hinge" patent invalid .
Judge handling the case told the original
defendant, if the two sides continue to opposition proceedings will face
extremely complex process, but the plaintiff's patent once it has been
determined to be invalid state authorities and foreign can take the opportunity
to keep the prices down, Ningbo enterprises will therefore be completely lost
in such products international pricing initiative.
Judge's analysis allows both the original
defendant was convinced that they thus agreed understanding, we must work
together to cope with international competition. Therefore agreed: Australia state
companies to pay royalties to Mr. Dong, was "three-dimensional adjustable hinge" the right to use
patents; future in its foreign operations, the parties shall determine the
product base price, to ensure that corporate profits.
It is understood that Mr. Dong Bang has
officially withdrawn its suit against Australia, Australian state companies to
the national authorities to withdraw the request for patent invalid.
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