2013年7月3日星期三

Patent case arms of Yubo two private parties to join hands break overseas markets

(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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