When the air conditioning sales and into the most busy season of the year, Dong Mingzhu Gree Gree and then out of the United States, Oaks violated their patents, including the old rival claims 50 million yuan, and the right Fame is not too big Oaks put forward the amount of 110 million yuan of the claim, hit the domestic appliance industry, the amount of the most patent claims.
Gree refers to the Oaks not only "stealing technology" and "dig" talent & rdquo;
Beijing Youth Daily reporter yesterday learned from the Gree side, they went to the Guangdong Provincial Higher People's Court to prosecute Oaks litigation has been accepted. Gree refers to Oaks this year's new Athena series of air-conditioned violation of Gree's patent, the court asked the court to confirm Oaks infringement and compensation of 110 million yuan. Beiqing newspaper reporter noted that, compared to the old rival beauty, Gree seems to have more views on the Oaks, accusing it not only "stealing technology" and "digging talent" and "rdquo ;. Gree Electric Intellectual Property Office Assistant Director Kuang Kuang told the North Green newspaper reporter, since 2010, Oaks through a variety of improper way to dig out more than 300 Gree electrical research and development, quality inspection and other departments of the core staff, and Oaks "There is still some sort of patent infringement, and only 2015 to 2017, Oaks was Gree Electric prosecution of the number of patent infringement reached 15."
Oaks said Gree was hiring on his own
In response, the Oaks side yesterday to respond to Beiqing newspaper reporter said Gree referred to Oaks 2017 30 variety of infringing air-conditioning new products in fact as early as 2015 has been released, not this year's new products. But it is not clear that these air-conditioning use Gree's patented technology. The Beiqing reporter learned that not long ago, the Guangdong high court just Gree Electric v. Oaks company's patent infringement case to make a final verdict. August 2015, Gree Electric to Oaks produced a series of air-conditioning products infringement of its three patents on the grounds to sue the court, and one of the three patents is the case involved in the patent. Guangzhou Intellectual Property Court in the first instance after the establishment of Oaks infringement, Oaks refused to accept the appeal. Subsequently, the Guangdong Higher Court to make a final verdict, that Oaks infringement was established, should immediately stop the sale of infringing air-conditioning products and compensation for Gree economic loss of 2.3 million yuan.
And Oaks side yesterday in response to Beiqing newspaper reporter interviewed even clear that patent litigation "is time-consuming and laborious, and the outcome of the litigation is also full of uncertainty, and even that Gree prosecution is a" business means & rdquo ;. Oaks sent to the Beiqing newspaper reporter's response, the lawsuit itself is because Oaks & # 1; has become the number one rival rival "ralph lauren pas cher, the two sides in the" line of market competition contradictions are intensified, "Gree want to take this to block its" Strong pace of expansion, and even that Gree in this hype, but did not mention the patent technology itself.
From this point of view, Dong Mingzhu anger on the Oaks claims 110 million yuan is probably how much with some emotions, but it also from a side of the show who really show the helplessness of the patent.
Oaks six months ago had just been infringing the United States
In fact, Oaks is clearly not the first time in the infringement of patents on the "children" and "children". Just six months ago, Oaks air-conditioning violated the United States, a patent called "double cross-flow duct structure and vertical air conditioner indoor unit" utility model patent litigation has just been the Guangdong Provincial Higher People's Court final verdict, finds its violation The United States of the patent, should bear the tort liability and compensation for the United States economic losses and reasonable expenses totaling 1 million yuan.
But the Beiqing reporter learned that, despite the end of the United States to win the final case of the lawsuit, but the whole case from April to prosecute the Shenzhen Intermediate People's Court, to the final Guangdong High Court final, took more than a year and a half, Across two air conditioning sales season. Insiders pointed out that the patent infringement trial complex, and ultimately the illegal low cost caused by a number of technology manufacturing industry patent infringement is not uncommon, and even some companies directly put forward their own hard research and development technology cost is far less than the direct use of others Technology, even if it is worth losing money, "this awkward situation caused by the more emphasis on research and development of large enterprises are often more disadvantage.
The defendant's "procrastination" so that the patent owner can do nothing
Especially for consumer electronics companies, technology upgrading is quite rapid, often the real value of a patented technology is applied to the product after the first two years, when the profit is the most lucrative. But once the patent was infringed, playing the lawsuit often have to drag on a year or two, even if the final lawsuit wins, the market has been carved up. There are industry insiders told Beiqing newspaper reporter, some companies is to seize this point, they can be allowed within the limits of the law through various means to delay the final verdict of the case, which seems to have become a kind of "routines".
Beiqing newspaper reporter learned that in the United States before the prosecution of Oaks patent infringement cases appeared in the twists and turns - and during this period, Oaks through the first Shenzhen Intermediate People's Court to apply for jurisdiction, after being dismissed in the case Patent to the State Intellectual Property Office of the Patent Reexamination Board of the patent pending invalidation of the request. Since then, Oaks also proposed the Shenzhen Intermediate People's Court to stop the trial and so on. And in the Shenzhen Intermediate People's Court of the final verdict after the victory of the United States, Oaks re-appeal, and ultimately the Guangdong High Court dismissed the appeal of the time is already in November last year. Text / newspaper reporter Zhang Qin