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Zhongcheng Qingtai Mouxun lawyer's successful case was selected as "2019 China Court Technology Intellectual Property Typical Case"

Published:

2021-04-19

Zhongcheng Qingtai Mouxun Lawyer's Winning Case Selected as "Typical Cases of Technology Intellectual Property in Chinese Courts in 2019"

On August 27, 2020, the Shandong High Court heard the case of Qi Wanyong v. Bing's infringement of utility model patent rights dispute [Shandong Higher People's Court (2019) Lu Min Zhong No. 711 civil judgment] was selected by the Supreme People's Court as "2019 China's Court Technology Intellectual Property Typical Case". Lawyer Mou Xun, director of the second intellectual property department of Zhongcheng Qingtai, represented the right holder Qi Wanyong in the first and second instance of the case. Prior to this, the first-instance judgment of the case was selected as the "Top Ten Typical Intellectual Property Cases of Jinan Intermediate People's Court in 2019", and the second-instance judgment was selected as the "Top Ten Intellectual Property Cases of Shandong Higher People's Court in 2019".Brief
Qi Wanyong is the exclusive licensee of the utility model patent of "new fruit tree nail knife". He thinks that all the technical features of the fruit tree girder manufactured and sold by Bing Moumou fall into the protection scope of claims 1 and 4 of the patent involved, and requests to order Bing Moumou to stop the infringement and compensate for the losses. After investigation, the accused infringing product was "installed on both sides of the front end of the moving grip plate". The focus of the dispute between the parties is whether the "fixed grip plate" in the "mounting plates are respectively provided on both sides of the front end of the fixed grip plate" recorded in claim 1 of the patent involved is a clerical error of the "moving grip plate.
After hearing, both the first and second instance courts held that according to the records of the patent claims involved and the description of the patent specification and drawings, it can be directly and clearly concluded that the "fixed grip plate" in the "mounting plates are respectively provided on both sides of the front end of the fixed grip plate" recorded in the patent requirement 1 involved is an obvious clerical error of the "moving grip plate, it should be amended as" mounting plates are provided on both sides of the front end of the movable grip plate ", and the revised meaning should be used to explain and determine the scope of patent protection involved. All the technical characteristics of the infringed product fall into the scope of protection of the patent right in question, which constitutes infringement. Therefore, the courts of both cases ruled that Bing to stop the infringement and compensate for economic losses.

typical meaning
This case is a typical case of patent rights that have written defects in the claims and give protection and substantive settlement of disputes. The interpretation of the patent claim will directly affect the scope of protection of the patent right, so it can neither mechanically adhere to the text of the claim, nor can it be interpreted at will without the patent authorization text, should be based on the general understanding that the general technical personnel in the art can read the patent specification and drawings. Although the technical solution of the literal meaning recorded in the patent claims can be implemented, it is obviously inconsistent with the patent specification and drawings, and the revised interpretation is the only understanding obtained by the general technical personnel in the art after reading the patent specification and drawings, and should be recognized by the revised meaning. The judgment of this case directly corrected the clerical errors in the claims, protected the legitimate rights and interests of the patentee in accordance with the law, and was beneficial to crack down on the infringement of the use of the defects of the claims to manufacture infringing products, and substantially resolved the dispute. The trial has reference significance.
Zhongcheng Qingtai Law firm has outstanding professional advantages in the fields of patents, trademarks, copyrights and other intellectual property rights, and has a comprehensive team of lawyers, patent agents, intellectual property specialists and other professionals. it provides many effective protection programs for the creativity and innovation of relevant right holders, and has made outstanding achievements in the field of intellectual property dispute resolution.