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Hang Opp Yuba First Instance Verdict Won Patent Disputes by qmqm wang





Article Author Biography
Hang Opp Yuba First Instance Verdict Won Patent Disputes by
Article Posted: 09/11/2010
Article Views: 35
Articles Written: 809
Word Count: 782
Article Votes: 0
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Hang Opp Yuba First Instance Verdict Won Patent Disputes


 
Business,Business News,Business Opportunities


For the violation of their patents, Hangzhou opp

Electrical

Limited (op,) will expand to Beijing

Technology

Development Co., Ltd. (hereinafter referred to as extension to the company) to court. Recently, the Beijing Second Intermediate People's Court ruling: extension to the company to stop infringement and to compensate op, 60 thousand yuan economic loss.

2002 6 11, Mr. Fang to the state

Intellectual property rights

Council for the A716A "bathroom heater" in design patent. State Intellectual Property Office on January 8, 2003 patent granted to Mr. Fang, Mr. Fang and Diop signed a license contract, the two sides agreed on Jan. 8, 2003 to January 8, 2006 op, to exclusive ways of implementing the patent. August 13, 2004, op, notarized form to purchase a station can be manufactured by the extension "TNSF-6601A elegant type" bathroom heater. By comparison, opp's A716A "bathroom heater" patents and "TNSF-6601A elegant type" bathroom heater models are very similar in appearance.

Op, said the prosecution from the Court, expanding the company's patent infringement could require an order extension to the company to stop infringement and to compensate the economic loss of 180,000 yuan and 2,000 yuan litigation and reasonable expenses. Extension to the company that, charged with infringing the patent products and op, does not constitute a similar in appearance; Secondly, the product is commissioned in the lead WeiChu Yuyao City Electric Appliance Factory-made, the plant has the first right to use, therefore, not patent infringement op, does not agree with Diop's claims.

II hospital after hearing that the accused infringing products and op, is a patent product of similar products. By comparison, the disputed patent and "TNSF-6601A elegant type" bathroom heater models are very similar in appearance. Although the extension to the company involved in the allegedly infringing products, said lead electrical plants powered by manufacturing, and manufacturing time is earlier than the date of filing the patent involved and provided with electrical plant, signed the INF "extension to

Yuba

OEM contract ", but op, does not endorse the contracts referred to in this case the allegedly infringing product is the Yuba products, according to the available evidence can not prove the two for the same product, then it can not conclude the contract within the meaning of the product appearance, can not be compared to judge violations. Therefore, the extension to the company's claim lacks factual basis of its alleged right of first use of guided electric power plants, expand tort liability to the company assumes no reason inadmissible. Extension to the company without permission, manufacture, sale infringing products involved constitute a violation of patent rights involved, should take to stop infringement, compensation for economic losses

Law

Responsibility. Accordingly, the above sentence. Due to the violation of their patents, Hangzhou opp Electric Co., Ltd. (hereinafter referred to as op,) will expand to Beijing Science and Technology Development Co., Ltd. (hereinafter referred to as extension to the company) to court. Recently, the Beijing Second Intermediate People's Court ruling: extension to the company to stop infringement and to compensate op, 60,000 yuan economic loss.

2002 6 11, Mr. Fang to the State Intellectual Property Office for the A716A "bathroom heater" in design patent. State Intellectual Property Office on January 8, 2003 patent granted to Mr. Fang, Mr. Fang and Diop signed a license contract, the two sides agreed on Jan. 8, 2003 to January 8, 2006 op, to exclusive ways of implementing the patent. August 13, 2004, op, notarized form to buy a Taiwanese company by the extension can be made "TNSF-6601A elegant type" bathroom heater. By comparison, opp's A716A "bathroom heater" patents and "TNSF-6601A elegant type" bathroom heater models are very similar in appearance.

Hou Aopu suing from the hospital, said expanding the company's patent infringement could require an order extension to the company to stop infringement and to compensate the economic loss of 180,000 yuan and 2,000 yuan litigation and reasonable expenses. Extension to the company that, charged with infringing the patent products and op, does not constitute a similar in appearance; Secondly, the product is commissioned in the lead WeiChu Yuyao City Electric Appliance Factory-made, the plant has the first right to use, therefore, not op, patent infringement, do not agree with Diop's claims.

II hospital after hearing that on the allegedly infringing products and op, is a patent product of similar products.

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