Japan Inc sued China Company floor of patent infringement cases settled

-Toyotex Corporation patents were declared invalid, the second instance as the final verdict revoked, rejected all claims toyotex Corporation

2010Years8The Japanese toyotex Corporation to the Beijing first intermediate people's court, called toyotex Corporation is the name "floor (two)" article200430003268.8The patentee. The defendant Danyang Yate Wood Industry Co., Ltd. (hereinafter referred to as Yate wood company), is the extension of the building materials (Beijing) Co., Ltd. (abbreviation is St. Billiton) unauthorized production, sale, offering for sale floor infringing its patent rights, request the court to order: the two defendants to immediately stop infringing, destroyed inventory products, the defendant the destruction of infringing design mould used for producing the alleged infringing design; the two defendants in the "Guangming Daily" a public apology, eliminate the impact; the two defendants joint compensation for economic losses and human rights reasonable expenses totaling RMB30Million yuan.

The company is the extension received a summons, timely entrust Dong Shilian of intellectual property lawyer agency the proceedings. Dong Shilian's lawyer after and is St. Billiton communication, understand that many years ago the floor in the Chinese market that has legitimate sales, design of the floor is the use of existing design, may not infringe the patent Japan Inc. Subsequently, a lawyer Dong access to large amounts of data, and timely and party communication, understanding the floor production history, sales, and actively carry out patent retrieval, retrieval found toyotex corporation patent applications and a Chinese citizen years ago of the earlier application patent for essentially the same patent. According to the provisions of "the original patent law ninth of two or more applicants are the same invention patents, the patent right shall be granted for the first person", this article belongs to the patent invalid reason, therefore toyotex corporation patent shall belong to the invalid patent. Lawyer Dong will retrieve the situation in a timely manner and with St. Billiton communication, and agent is St. Billiton in reply in a timely manner to the Patent Reexamination Board submitted a "request for invalidation of the patent right invalid" and evidence materials, at the same time in the defense period in accordance with the law to the Beijing first intermediate people's court has submitted the "notification of acceptance", the request for invalidation invalid statement of the grounds, the attached "invalid evidence and suspend the trial application form", to apply for suspension of litigation case. However, the Beijing city court not legally recognized patent invalid evidence, but made the decision without any reply application to suspend the trial case, judgment of two the defendant to stop infringement, compensation for economic losses toyotex Corporation and reasonable expenditures, and bear some costs of litigation.

The defendant of a judgement of the appeal, and communication and lawyer Dong Shilian, actively safeguard their legitimate rights and interests, decided to Beijing high court appeal. During the trial of second instance, the Patent Reexamination Board to make "the examination of the request for invalidation decision book" Declaration of patent right, Ltd. Toyo. All invalid. The Beijing High Court revoked the judgment of the Beijing first intermediate people's court decision, rejected all claims toyotex corporation. A second trial, litigation costs borne entirely by toyotex corporation.

The case has caused a great disturbance in the building materials industry, to get the parties concerned, this second final concluded case, company is the extension to pick up the legal weapons, defend and protect their legitimate rights and interests.

Success brings us enlightenment; China enterprises suffered from foreign companies, international market action, trade protection measures, only the positive legal professional support, pick up the legal weapons, hand firmly to, is the only way out of the predicament. Give up the lawsuit means giving up the market and Chinese enterprise dignity. (Beijing intellectual property lawyers Dong Shilian,2011Years12Month29Day)