A case

Accuser: HuangJinShou

Defendant: CaiChaoZhong

On September 22, 1996, the plaintiff oneself "MGZ96 simulation state indicators to practical new-type patent national patent bureau. On January 31, 1998 was awarded for patent, ZL96240674.0. The plaintiff found the defendant production and sales of the product, and the series of indicators describe exactly the same patent claim, and the distribution of the infringing product to Shanghai, changzhou, zhejiang, guangdong, its action has constituted a patent infringement, hence to wenzhou intermediate people's court according to law, request the court to order the defendant: 1, immediately stop destroying patent infringement, imitation of patent product equipment and mould and has a replica of a patent product, 2 and eliminate the effect, declared in. 3 and making compensation for the economic losses of 500,000 yuan, 4 and compensation for infringement of the investigation to the fee that pays, costs and fee.

The defendant argues that: the production and sale of indicator is according to the Shanghai broadcasting corporation (hereinafter referred to as the electrical industrial ShangAnDian) provide physical samples, and physical ShangAnDian fasten processing from xiamen ABB switch Co., LTD. (hereinafter referred to as the xiamen ABB) in 1995, buy object will be installed in the central public use, confirmed the switch is related to the product by yourself, don't know technology and patent infringement of the plaintiff, reject the plaintiff's action requests.

On June 23, 2004, wenzhou intermediate people's courts shall be heard in public, as a case, the entrusted agent to participate in litigation.

Second, the agency

1 the patent for utility model, the legal and valid. 1 the plaintiff has awarded the national patent ZL96240674.0 practical new-type patent certificate, 2 already handed in patent fee on September 22, 2004. 3 September 30, 2003, the state intellectual property office concluded the patent search still has the novelty, creative.

Case 2, constitutes a patent infringement. 1 the plaintiff and defendant manual control patent infringement product, both the same principle, structure and the essence of the same structure, visible, the product patent, the imitation no substantial technical breakthrough, according to law, the implementation of technology and patent technology solutions exist same substance, can judge the defendant's conduct falls, has covered patent protection range of the patent infringement and shall be deemed technical features. Patent 2 the infringement product sales yueqing hong hua electric appliance Co., LTD. Of industrial product sales contract, tort product, check list and the defendant sales invoices, The defendant and court collect indicator products.

3 and the defendant argues the plaintiff's patent technology of knowledge, there is no male technology according to the facts and law. The defendant ShangAnDian presented to xiamen ABB purchase indicator of procurement orders, invoices, packing list, ShangAnDian case, Xiamen ABB product lines and perfect packaging devices JieShaoShu and switchgear photos. Agent, the evidence that does not conform to the source of form, as prescribed by law, no original WuShiWu products, authenticity and unsure, so with the case facts are not related. Unable to prove that these so-called evidence of the plaintiff's patent products with indicator in the structure, technology on the same principle. The defendant provide processing indicator agency appointment contract, mould for its signed in May 1997, 20, the plaintiff's patent application in after, cannot prove the defendant know technique is used, and also to the case facts, lack of relevance. Anyhow, the defendant in these evidence that the plaintiff's patent technology is male indicator, lack of knowledge technology authenticity, legality, and evidence. The defendant not associated with the evidence to prove that the plaintiff's utility to constitute the male known technology for himself, was not tort.

4 and compensation. From the plaintiff's patent technology, drawings, material and the sales of products and to preserve the court, the defendant compare products production and marketing of products, and its structure, indicator technical principle and characteristics of the patent covers all requirements, so the protection range of patent infringement, the facts clearly. In accordance with the provisions of article 11 of the patent law and the supreme people's court on the trial of the patent disputes law issues the several provisions of article 21-22, the plaintiff shall have the right to obtain reasonable compensation.

Third, the verdict

The court said, according to the patent law, paragraph 1 of article 11 of the regulations, the patent right for utility model was granted, unless otherwise provided by this law, no entity or individual may, without the authorization of the patentee, exploit the patent. The accused indicator products cover the rights of patent technology of all the necessary requirements, technical features, so without permission, the production, the sales of the plaintiff's patent protection range into product, constitute the indicator of the plaintiff's patent infringement. In accordance with the provisions of article 118 civil law, the provisions of 134, the plaintiff shall have the right to request the defendant to stop the infringing, eliminate the effect, the compensation for the losses. According to the civil procedure law, the provisions of article 128 and judgment are as follows:
1, the defendant and that adjudicates become effective rises to immediately stop production, sale infringe upon the patent for utility model patents ZL96240674.0 indicator of products, and in the days of this decision shall destroy the infringing products used in the manufacture of moulds and inventory of the infringing product.

2, the defendant in this decision within 10 days from the date of entry into force of the domestic public published in newspapers, in order to eliminate the impact of infringement. Fails to perform its ruling, the newspaper announcement by the defendant, including cost burden.

3 and the effect with the judgment within ten days of date of compensation for the economic loss of $100,000.

4, reject the plaintiff's other claims.

Lawyer: HeLianYing