Two cases of representing the defendant in design patent infringement disputes reached a settlement in court.

📅 2018-07-10 📂 Civil and Commercial Litigation Civil and Commercial Litigation #Settlement #Design Patent Infringement Dispute #Evidence

Not long ago, two cases of design patent infringement disputes filed by plaintiff Wen XX against our firm's client, Shenzhen O'Nuoda Electronic Technology Co., Ltd., were heard in the Shenzhen Intermediate People's Court. During the trial, our firm's lead attorney, Director Wang Tengfeng, and attorney Cao Guanghui, following the designed debate strategy, presented a large number of physical evidence, documentary evidence, and witness testimony, effectively proving that the defendant had already purchased and sold the relevant products from third parties before the plaintiff applied for the design patent. The plaintiff's design patent violated Article 23 of the Patent Law of the People's Republic of China, which states that "a design for which a patent is granted shall not be an existing design." Director Wang Tengfeng also pointed out in court that the notarized evidence provided by the plaintiff had flaws, such as discrepancies between the dates in the on-site records and the on-site photos, and that the purchased products were not necessarily the same as those sealed on-site. This indicated that the plaintiff's evidence, due to statutory normative deficiencies, might lack authenticity and even 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 feel ashamed of their weak position. Finally, under the mediation of the presiding judge, the plaintiff voluntarily withdrew the two cases, dropping the claim for compensation of 360,000 RMB. Our client, the defendant, considering the goal of future friendly cooperation and continued development, voluntarily paid the plaintiff 30,000 RMB as compensation, and both parties reached a settlement. After the settlement in court, the plaintiff voluntarily invited our firm's attorneys to a meal, expressing admiration and goodwill.

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