Keyword
Good News! Litigation Case of Jiaquan Selected as a Top 10 IP Case of Nanchang Intermediate People’s Court


Source: Jiangmen High-tech Zone Intellectual Property Operation Center

Recently, the Supreme People's Court and local courts have successively announced typical IP cases in 2019. The case “Utility Model Patent Infringement Dispute of Birdie Electric” represented by Jiaquan IP Law was selected as one of the 2019 Top 10 IP Cases of Nanchang Intermediate People’s Court.

Summary of the case
Plaintiff: Yunhan DENG
Defendant: Birdie Electric, Angel Group Co., et al.

Deng is the patentee of the utility model patent of "a compound lock". The defendant Birdie Electric purchased the locks from Angel Group Co. and installed them on the electric vehicles it produced. Birdie Electric sold the products through multiple channels, which caused significant economic losses to the plaintiff. In 2015, Deng sued Birdie Electric before Guangzhou IP Court. The Court made the decision that Birdie Electric should stop the infringement action immediately. However, Birdie Electric ignored the Court decision and continued the infringement. In July 2018, Deng purchased an electric vehicle from one exclusive store of Birdie Electric. He found that the infringing product was still installed in the vehicles for sale. Therefore, Deng entrusted Jiaquan to initiate a further law suit and demanded the four defendants should stop the infringement action immediately and compensate 500,000RMB for his economic losses.

After trial, the Court held the decision that Birdie Electric and its exclusive store had infringed on Deng's patent right through selling and offering to sell the involved products. And the lock manufacturer Angel Group had infringed on Deng’s patent right through manufacturing, selling and offering to sell the involved products. Considering the type of patent, the number of infringing products, the value of the lock and its effect, the first compensation of 80,000RMB awarded by Guangzhou IP Court, the local backward economy and the situation of repeated infringement etc., the Court determined that the defendants should compensate Deng for economic losses of 130,000RMB.

 

Copyright © Jiaquan IP Law. All Rights Reserved. 粤ICP备16000884号