Gree claims that the first defendant, Oaks, and the second defendant, Guangzhou Jingdong Trading Co., Ltd. (hereinafter referred to as Jingdong Company), produced, sold and promised to sell eight types of air-conditioning products using Gree's patented technology infringed Gree's patent.Request the court ordered the two defendants immediately stop infringement, the defendant Aux claims Gree economic losses and reasonable costs total 40 million yuan.
Defendant Oakes argued that the plaintiff Gree Electric Power had been partially invalidated by the Patent Reexamination Board and the patent right was therefore in an unstable state and the court should dismiss the plaintiff for prosecution or suspend the trial of the case. Of the technology did not fall into the scope of protection of the plaintiff patent, does not constitute infringement.
Crystal East argues that as a vendor, Crystal East, I do not know there is no reasonable reason to know whether the accused product constitutes a patent infringement, and the accused infringing products have a legitimate source.
Since the case involved patent technology disputes among well-known domestic enterprises and involves complicated technical solutions, the court introduced a technology investigation officer to participate in the trial, which will be judged on the same day.
In fact, the patent litigation between Oaks and Gree has been uninterrupted. On May 12, 2017, more than 30 products still sold by Gree, including Oax, including air conditioners such as the new Athena series in 2017, were allegedly infringing Guangdong Provincial Higher People's Court sued for confirmation of the OX infringement and sentenced compensation of 110 million yuan, setting the highest claim for the domestic appliance industry.
And this lawsuit again with two years ago the two infringement cases have a certain relationship.In August 2015, Gree Electric Appliance to Oaks produced a series of air-conditioning products infringement of its three patent grounds to sue them to the court, and this One of the three patents was the patent involved in the case.After the first instance of Guangzhou Intellectual Property Court found Oxley Company infringement was established, Oaks refused to accept the appeal and subsequently Guangdong Higher People's Court made a final judgment that the establishment of Oaks infringement, Should immediately stop selling infringing air conditioning products and compensate for the economic loss of Gree 2.3 million.
Visible, the patent entanglement between Oaks and Gree still have to maintain for some time.