In this contest, Hublot shares and the odd data hit each other a surprise .For Hublot shares, the first instance sentenced to 50 million yuan of compensation amount 'let us feel shocked'; and for the odd data, ' I did not expect there will be 'outsiders' application to the Patent Reexamination Board of the State Intellectual Property Office, requesting the ruling that our part of the patent is invalid. 'In recent years, with the strengthening of intellectual property protection, high costs of rights protection,' won the face lose the sub 'Phenomenon has been reversed at the same time, the substantial increase in the amount of compensation, the complexity of the case also multiplied .This' major case' also triggered deep thinking.
Beijing early winter cold, but we felt in the venue is warm and melt.Handle the odd data to prosecute Hublot 50 million yuan patent infringement case of the relevant patent has been the State Intellectual Property Office Patent Reexamination Board declared invalid. 'In a November 15 press conference held, Hublot stake in the parties said.
December 8 last year, Beijing Intellectual Property Court of First Instance verdict, sentenced Hengbao shares indemnity odd economic loss of 49 million yuan, compensation for the plaintiff odd data litigation a reasonable expenditure of 1 million yuan, a total of 50 million yuan.To this end, constant Po shares in December last year in accordance with the relevant accounting standards totaling a total of 50 million yuan liability (unaudited) However, the shares of Hubble refused to accept the results of the first instance, the Beijing High Court filed an appeal.
Just before the second instance hearing, the mysterious "outsider" filed an application with the Patent Reexamination Board of the State Intellectual Property Office for a ruling that the data held in favor of the aforementioned patent infringement suit were invalid and that the rights granted by the Patent Reexamination Board to the Patent Reexamination Board On November 1, the two rights claims were declared null and void, pursuant to which Hublot submitted a first instance verdict to the Beijing High Court requesting the Beijing Intellectual Property Court to be set aside according to law and ruled that the application for dishonest data prosecution should be rejected.
The case caused a sensation in the industry.SUPC website information shows that on August 29 this year, the Supreme People's Court President Zhou Qiang to the NPC Standing Committee as "the Supreme People's Court on the work of intellectual property court report," summed up In the past three years, Beijing, Shanghai and Guangzhou have handled some of the major typical cases handled by the three intellectual property courts, among which the 'Big Data' held by Beijing Intellectual Property Court v. U Shield patent infringement case against Hengbao shares was impressively listed.
This case not only aroused the attention of the legal profession, but also affects the nerves of the market .In the evening of December 8 last year, Hublot shares after the announcement of the first instance results, though stressed that 'the first instance verdict is still in the appeal period, However, on December 9, the stock price of the company plunged 7.09%, and then fell on the next trading day. However, the lawsuit has not taken effect yet and the outcome of this civil lawsuit will have an impact on the profit of the company. 4.58%.
Judging from the current situation, Hublot shares finally regained a Council familiar with the case of a large law firm in Beijing Liu Bin (a pseudonym) told the China Securities Journal reporter, 'Supreme People's Court judicial interpretation there is a description, if the complaint In principle, the court may adjudicate that the prosecution should be rejected and the majority of the courts comply with the enforcement, and if the relevant patent holding the odd data is finally found to be invalid, the second instance may require the withdrawal of the odd data.
Qian Jing, chairman and president of Hublot, told China Securities Journal: 'There is no basis for the data to be taken against us by us. The corresponding rights no longer exist and may not be necessary for a hearing, which means that we can 50 million yuan back, the company's net profit this year can increase 50 million yuan.
But this approach aroused dissatisfaction with the odd data. '' Their invitation to write '50 million patent litigation involving patents invalid press conference', as if they had the same victory, in fact, this is just the beginning and we hope See the truth in the court. "Guo Tianguang, vice president of the odd data on the China Securities Journal said.
Liu Bin pointed out: 'Although the Patent Reexamination Board of the State Intellectual Property Office announced that the patent rights of the odd data were invalid, if the data of the firm were found to hold the opinion that there were any mistakes in the determination of the facts and the application of the law, administrative litigation could be filed with the Beijing Intellectual Property Court As a result, the decision of the Patent Reexamination Board was not the result of its final entry into force, which resulted in an administrative lawsuit filed on November 10, which is estimated to take nearly two years to produce a result.
Caught by surprise
In this contest of patent infringement litigation, Hengbao shares and the odd data hit each other by surprise.For Hengbao shares, 'odd data from the beginning of the proposed amount of compensation is 1000000 yuan, we would like to please Lawyers should deal with the case on the line.After the hearing of the result, the amount of compensation raised to 50 million yuan after the hearing, and the first instance on the verdict .This makes us feel shocked. "Qian told the China Securities Journal reporter.
As for the odd data, 'did not expect there will be' outsiders' to the State Intellectual Property Office Patent Reexamination Board to apply for a ruling that we have part of the patent invalid. We were in normal preparation for the second instance, and now extranod] No doubt increased. "Guo Tianguang told China Securities Journal reporter.
Such a surprise caught on beyond the past experience of both sides as early as in 2012, the odd data once because of 'antenna for plug-in dual-interface smart card' infringement will Hublot shares to court .In June 2015, Beijing senior People's Court of Final Appeal of second instance verdict: Hengbao shares from the effective date of the verdict, stop the manufacture and sale of infringing odd patent patent rights of the product involved in the act, and compensate for the odd data economic loss.
But this result has made odd data mixed. 'Pleased that won the case, safeguarding their legitimate rights and interests; but this case took three years, and ultimately only decided to compensate us for 200,000 yuan Hengbao shares , Not enough to pay legal fees.Heng Bao shares infringement costs are too low, our rights costs are too high. 'Guo Tianguang told China Securities Journal.
However, this' lost the face lost lost son ', and even let the infringer to abandon the proceedings are being changed.Liu Bin told the China Securities Journal reporter,' the previous patent infringement in the amount of compensation in the general 100,000 to 1 million In the meantime, the level of the patent agent of a lawyer is not high, and the amount of compensation now starts from 1 million yuan to 5 million yuan.
Liu Bin believes that the stage of forensics is now more and more solid, the higher the amount of patent infringement claims form support.
Second, under the support of policies, the construction of intellectual property protection system has become more and more mature. Taking the establishment of intellectual property courts as an example, on June 6, 2014, the Central Committee of the Shenzhen Reform Commission reviewed and approved the "Proposal on the Establishment of Intellectual Property Courts"; 2014 On August 31, 2008, the 10th Session of the 12th NPC Standing Committee passed the Decision on the Establishment of Intellectual Property Courts in Beijing, Shanghai and Guangzhou; from November to December 2014, the Intellectual Property Courts in Beijing, Shanghai and Guangzhou Listed
Zhou Qiang mentioned in the above-mentioned report to solve the problem of low cost of infringement and high costs of rights protection. 'According to the law to raise the amount of compensation, malicious infringement of trademark rights in serious cases, punitive damages according to law, for other intellectual property areas of intentional infringement, repeat infringement The amount of damages shall be determined according to the market value, and the infringer shall bear the cost of safeguarding the rights of the infringer, so that the infringer shall be fully compensated, so that the infringer shall pay the due cost.
Zhou Qiang further examples, holding odd data v. Hubin shares of U Shield patent infringement case, the first instance full support for the plaintiff 49 million yuan of compensation claims, and for the first time supported the plaintiff claims time charges of 1 million yuan legal fees. According to the intellectual property court, 'the court recognized the lawyer's fee charging method as a basis for calculating legal fees and according to the necessity of lawyer representation, the difficulty of the case and the lawyer's actual payment, The actual amount of legal fees recognized.
After the first trial was sentenced to 50 million yuan, Hublot shares finally paid attention to.Chinjing told the China Securities Journal reporter, after the first instance defeat, Hublot hired well-known Zhong Lun law firm as a law firm for second instance appeal, hiring Zhuote patent agency, as a patent invalid application agent, to fully respond to the patent infringement litigation.
The sharp rise in the amount of compensation is expected to enable patent owners to take the initiative to defend their rights, patent rights is expected to become the norm. 'At first we did not pay enough attention to patent protection, because infringement is easy, digging an engineer to pass, but not much compensation. , The market space of 10 billion yuan, we only get 5, 600 million yuan, the rest of the market all let the infringer split up the amount of compensation after the rise, we will certainly be more active protection of rights. '
Deal with 'Black Swan'
"Thanks to this lawsuit, we are deeply aware of the weak intellectual property rights of the company, updated the related intellectual property strategy and raised the intellectual property strategy to the same height as the corporate strategy. In the future, we will further increase the scope of intellectual property rights Of the construction, with 3 to 5 years to become the industry's largest number of patents, the highest patent quality of the enterprise. "Beijing told China Securities Journal reporter.
In fact, the 'odd data v. Hubin shares U shield patent infringement case' as a major typical case, the amount of first instance judgment up to 50 million yuan, a huge impact on the companies involved, prompting many companies to improve the patent and other intellectual property management system and Enhance innovation ability on the same important position in order to effectively play a patented escort for the development of enterprises.
For listed companies, patent infringement litigation on the performance of the potential lethality should not be overlooked. June 21 landing A shares of China Sports Technology (28.02 -0.67%, clinic), more than a month after the listing into the patent litigation Quagmire.On the evening of July 24, the company announced that it received two litigations of patent infringement litigation, the total claim amount of 41.9643 million yuan.And the Chinese company in 2014, 2015 and 2016, respectively, net profit of 35.57 million yuan, 42.56 million yuan and 48.07 million yuan, the amount of such a lawsuit is obviously not a small number.
For the company to be listed, the patent infringement litigation may become a stumbling block on the road to IPO.According to "the initial public offering of shares and listing management approach" Article 37, the issuer shall not have the following impact on the continued profitability of the situation, of which the fifth There is a risk that there will be a material adverse change in the acquisition or use of important assets or technologies such as trademarks, patents, know-how and franchises in use by the issuer.
Of the many cases of patent infringement litigation on the road to corporate IPO, Wing On Bank (70.34 -4.75%), known as the "First Share Bike Unit," attracted attention. On April 14 this year, However, on April 17, Gu Mou filed an action against the court on the grounds that Yong An had infringed on the patents held by it, and Wing On Bank suspended the IPO on the eve of the road show. After clarification of the patent infringement matters, Wing was only resume IPO trip.
In fact, many listed companies have been subject to patent infringement lawsuit in Suzhou permanent (15.49 + 0.45%, clinics), for example, in 2010, the company publicly issued 20 million shares and completed the purchase lottery and lottery draw The whole process, but because of the impact of the termination of patent suspension by the regulatory authorities emergency until 2016, the company IPO was successful.
On November 30, 2015, Woori Holdings announced that it had been involved in a lawsuit over copyright because of the game Legend of the Turret, the main agent of Zhongqinglongtu, and is expected to file a lawsuit over a period of time There will be no clear result, the decision to terminate the major asset restructuring, the Qinglong plans to plan nearly 15 months of the listing of Backhaul Liming failed.
On September 28, Jin Yi Technology (37.75 + 0.03%, clinics) v. Julee's patent infringement case, which attracted the attention of the ETC industry, sued for patent infringement litigation between listed companies and companies to be listed in the same place in Beijing's intellectual property Court of Justice Jin Yi Technology requested the court to order poly-profit technology to stop infringement, stop manufacturing, promised sales, sales of infringing products and destruction of manufactured infringing products, compensation for economic losses of 100000000 yuan, setting a Chinese patent invention patent claims the amount of the most .
It is worth noting that the gold Yi technology in May this year, A shares listed in the poly-technology in the August 2 this year, update the IPO prospectus into the IPO. Jin Yi said science and technology, ETC products is the company's main revenue and profit Source, the infringement has a significant adverse impact on the company's business. 'The company is not intended to hinder the process of poly-profit technology market, but to safeguard the legitimate rights and interests of the company and shareholders.' But the delicate relationship between these two companies still make the market full of reverie .
How to deal with changes in patent infringement litigation, Beijing lawyer Liu Xi Yu told the China Securities Journal reporter, 'should conduct a full due diligence investigation of patent issues, identify problems and solve the problem to ensure the funding of the patent rights there is no flaw; guarantee There is no potential or obvious dispute over patent infringement; examine whether the patent itself has flaws, correct it in time, and prevent others from applying for invalidation; pay attention to the geographical scope of the patent; and pay attention to timely payment of the annual fee within the patent term.