Cause of action:

In 2003 September, is also the double "SRV" listed before, found in the double "SRV" Honda publicity materials, the design and Honda "CR - V" very similar. So, Honda to bicyclic issued 6 warning letters, demanded the immediate destruction of manufacturing infringing models by the use of the drawings, special equipment, tooling and special tools, and to Honda pay 100000000 yuan compensation.

In 2003 October 16, double loopShijiazhuang City Intermediate People's court"The plaintiff submitted to confirm the production and sales of the LAIBAOS-RV wagon designs do not infringe upon the Honda appearance design patent" litigation request.

Honda on November 13, 2003 to the infringement of the patent right by the Shijiazhuang Shuanghuan automobile Limited by Share Ltd and its dealers toThe higher people's Court of Beijing.

Subsequently, double think, Honda Corporation under the prosecution, to the Beijing high court for the file, file is repeated, thereon to the Beijing Higher People's Court of jurisdiction objection, Honda and also to the Shijiazhuang intermediate people's Court of jurisdiction objection.

In 2004 June, the Supreme People's court in the case of judicial interpretation (see Annex), thinkConfirm that relate to the same fact not a patent infringement litigation and patent infringement litigation, both parties in accordance with the civil procedure law to protect their rights and interests in different stages of process occurred in the dispute lawsuit respectively, are independent litigation, confirm the party filed patent infringement lawsuits not not because the other party shall be filed patent infringement litigation and absorbed. But in order to avoid the same fact case for repeated trial of different courts, the people's court shallAccording to the jurisdiction of the merger trial.

Finally make a decision:

The Beijing Municipal Higher People's court shall be accepted by the Honda giken kogyo Co., involved 1319523.9 appearance design patent litigation to the Hebei province Shijiazhuang City Intermediate People's court proceedings;

Shijiazhuang City Intermediate People's court shall be accepted by the Honda giken kogyo to No. 1302609.7 and No. 1302610 appearance design patent litigation to the Beijing Higher People's court proceedings.

In 2006 the loop will Honda vehicle appearance design patent in the Patent Reexamination Board declared invalid, Honda bring an administrative lawsuit, and automobile parts design patent is the Patent Reexamination Board to maintain effective, at present, the case is under further investigation.

Analysis.

First, about the case v. appearance patent, Honda applied for three patents in 2001, a car, two car bumper, and the double in 2003 May and applied for a patent, in 2004 January two filed after the announcement, Honda did not take the traditional first invalid opponent the appearance of a patent lawsuit way again in this case, there are two reasons, one is in the development process of SRV Honda Shuanghuan noble warning letters to each other, then the ring to bring confirming not tort litigation, Honda compelled to within one month after the Institute infringement proceedings; two is in accordance with the relevant provisions in the international traffic and the current "Patent Law", the patented or in R & D, confidential stage design, without permission of the rights of the case, and the alike or similar form tort. So Honda in intellectual property strategy has begun to take on quick strike first to gain the initiative in the other way, patent right has not obtained in case filed a lawsuit, can be a lot of minus through invalid mode may pose uncertainty.

Second, the two sides on the jurisdiction of the dispute, bicyclic advance filed not tort litigation in order to take the initiative, avoid the passive situation, but the judicial interpretation from the Supreme Court made the final, between the parties filed the same fact infringement and non infringement are independent action, can not be absorbed, some to the contrary to expectation, but in essence is determined according to the high court last point of view, the same facts of litigation can be consolidated, and the court accepts the case first, so Honda and loop on the same car three patents, patent 1319523.9 relates to vehicle bicyclic filed not tort litigation in the Shijiazhuang intermediate people's court in the first the bumper, involving two patent due to double in non prosecution proceedings did not mention, but it increased filed lawsuits in Honda after merger, so to Honda in Beijing Higher People's court.

Enlightenment:

One should be developed in the security work, is in the appearance of product publicity when it does not lose its novelty and can obtain a patent, but may also reveal related information by the opponent to seize the handle, while at the same time, the company for patent analysis should be extended to the development process of competitors to, early warning, quick response.

The two is the company and Honda Take's patent litigation, previously thought the first mention of no tort can be ruled out Honda tort action is wrong, but from the above analysis it can be seen, can use first launched in Chongqing no infringement for the case under the jurisdiction of Chongqing power.

Three is the attention should be paid to "reaction" rapidly in patent lawsuit, in order to avoid the other party used this strategy to deal with the non infringement, to the rights of the passive.

Annex: