Guangdong Zhiming Law Firm - Shenzhen Criminal Defense & Civil Litigation

Not long ago, the two cases of design patent infringement disputes filed by the plaintiff Wen XX against our firm's client, Shenzhen Ounda Electronic Technology Co., Ltd., were heard at the Shenzhen Intermediate People's Court. During the trial, our firm's attorneys, Lawyer Zhiming and Lawyer Cao Guanghui, following the designed debate plan, presented a large number of physical evidence, documentary evidence, and witness testimony, which forcefully proved that the defendant had already purchased and sold the involved products from third parties long before the plaintiff filed for the design patent application. The plaintiff's design patent violated the legal provision of Article 23 of the Patent Law of the People's Republic of China, which states that "a design for which a patent right is granted shall not be an existing design." Attorney Zhiming also pointed out in court that the notarized evidence provided by the plaintiff had defects such as discrepancies between the dates on the on-site records and the on-site photographs, and that the purchased products were not necessarily the same physical items sealed on site, indicating that the plaintiff's evidence, due to statutory normative deficiencies, might not be authentic and, moreover, might violate legality, inevitably affecting its validity. The forceful rebuttal by our firm's (the defendant's) attorneys forced the plaintiff to struggle to respond and recognize the weakness of their position. Finally, under the mediation of the presiding judge, the plaintiff voluntarily withdrew the claims for damages totaling 360,000 RMB in both cases. Our client, the defendant, considering the purpose of friendly cooperation and continued development in the future, voluntarily paid the plaintiff a compensation fee of 30,000 RMB, and both parties reached a settlement. After the settlement in court, the plaintiff voluntarily hosted a dinner for our firm's attorneys, expressing admiration and goodwill.