'Kicked' was blocked
Listed in 2015, the new third board, 2016 prospectus, the successful meeting in 2017 ... ... to be listed company A's capital markets, the road has run smoothly, guessed at the crucial moment of the IPO, A company out of competition Counterpart B company filed a lawsuit on the grounds of patent infringement, triumphantly IPO road suddenly suspense.
'We just stopped A company IPO.' 'B company chairman Wang Gang (a pseudonym) does not shy away from their original intention, and its purpose was almost reached before: A company in the middle of this year has voluntarily submitted to the CSRC IPO suspension review Of the application.And in the recent meeting, A company involved in patent infringement matters again by the Commission on the issuance of Commission members of the focus.
And Company B's IPO blockade against Company A in the name of patent infringement was not the case.
'The proposed IPO of listed companies has always been the way the uneven, but in the event of numerous Black Swan incident, patent infringement litigation is definitely the darkest one .Especially for many technology companies, the ownership of the patent will be directly related to If the patent infringement litigation is not handled well, the small IPO will affect the IPO process and block the IPO. "The head of an IPO project in Beijing's large investment bank told the China Securities Journal reporter.
The game between the two sides is intense
Why would a listed company become a patent infringement litigation 'Tang monk meat'?
'For company A, we have not been prosecuted for so many years because of its small size and we can not get satisfactory compensation even if we win a lawsuit.' Wang Gang told the China Securities Journal.
In fact, many of the patent infringement actions against listed companies are only a small part of the reason, and more so are for cracking down on competitors.
It is understood that, before 2015, Company A and Company B were competitors in the industry, but the headquarters and the market were separated from each other in the north and south for many years. Until Company A was listed on the new three-board in 2015, Company B only discovered that Company A had " Sombre wealth of the fact - the scale has done more than himself.
If competitors before their own IPO, it will bring greater competitive pressure.Wang Gang also put it bluntly, 'rivals earn a little money, I can tolerate; if it continues to expand, the acquisition of upstream and downstream enterprises, I can not tolerate of. '
Market participants said that if the two companies fierce game, once an IPO, get the funds raised will have more capital to enhance the strength and scale up after the listing may have other mergers and acquisitions action on the other side of the relevant industry plate zone To compete for pressure.
Some investment banker bluntly, in the same industry two companies competing to go on the market, the patent infringement in the name of IPO blockade war can easily staged.
'Defensive counterattack' combination punches
'The lawsuit of patent infringement initiated by some interested parties such as competitors on the path of the IPO of listed companies has been normalized and we have encountered more than one.The legal means of coping are summed up in two aspects: doing a good job defending and actively responding ; Take the initiative to counterattack, for example, to the Patent Reexamination Board of the State Intellectual Property Office filed a lawsuit patent invalid. 'The head of the above investment bank told the China Securities Journal reporter.
In response to Company B's blockade, Company A adopted the second strategy described above and filed six invalid applications to the Patent Reexamination Board of the State Intellectual Property Office against the patent lawsuit against B. They found a Scarecrow, Said to be my friend, worked in my company, said the patent is his. 'Wang Gang said,' the best counterattack is the best defense. 'Counterattack strategy properly applied, and sometimes will be quite effective.
In addition, there is a class of 'patent rogues' which put a lot of companies on the market waiting to get a headache.' The so-called 'patent rogue' is to launch a surprise attack on the listed company by filing a mass patent to file a patent infringement lawsuit. "Beijing Yuan Zhou law Intellectual Property Agency Ltd., a lawyer Cong Cong, told China Securities Journal that this requires the company to be listed in advance to fully investigate due diligence on patent matters, take preventive measures.