The case was called the first case of China's LED display infringement. A few days ago, Xinghuang Technology was interviewed by reporters to introduce the case in detail and provide mirrors for other LED companies.
The original sales director steals patent technology
Xinghuang Technology is located in Chang'an Town, mainly engaged in the research and development and production of outdoor LED displays. According to the company website, since 2007, Xinghuang Technology has been committed to the production and research and development of high-end outdoor advertising equipment. It is a high-tech enterprise integrating production, scientific research and sales. In May 2010, Xinghuang Technology applied for the invention patent and utility model patent of “Billing triangular prism column for LED display unitâ€, and obtained the patent authorization in April 2011.
Since August 2011, Xinghuang Technology has commissioned Foshan Hengbang Company to process the above patented products and provide them with all technical materials. However, what puzzles Xinghuang Technology is that their technicians have found in the market that they have widely publicized and sold an advertising device called “LED Flip Screenâ€, and the technology of the core components used in this product belongs to Xinghuang Technology. The scope of the above patents.
After investigation, Xinghuang Technology found that the three-edge profile product was “aluminum triangular prism profile used in LED flip screen advertising equipment†commissioned by Foshan Hengbang Company by Fujian Guoneng Optoelectronics Co., Ltd. “Hengbang Company accepted the production of Xinghuang Company and sold the product to Guoneng Optoelectronics.†Xinghuang Technology said.
It is worth noting that Wu, one of the investors of Guoneng Optoelectronics, was an employee of Xinghuang Technology and has served as a salesman, business manager and sales director. Mr. Tu, the person in charge of the Planning Department of Xinghuang Science and Technology, told reporters that in 2010, when Guoneng Optoelectronics was first established, Wu served as its shareholder, and on the other hand, worked as a Xinghuang technology employee in Xinghuang Company. "It turns out that Wu, in the name of negotiating business, has repeatedly let other partners of Guoneng Optoelectronics go to our company to understand the production and sales of products." Mr. Tu said.
Carefully collecting evidence to win the lawsuit
Xinghuang Science and Technology believes that the infringements of Guoneng Optoelectronics and Hengbang Company have been premeditated and have subjective malicious infringement. Since 2011, Xinghuang Science and Technology has begun to collect evidence, collect infringing products sold in the market, and obtain relevant evidence such as the commissioned processing and production agreement signed by Guoneng Optoelectronics and Hengbang Company and the recording of the conversations between the heads of the two companies.
In August of this year, Xinghuang Science and Technology filed a lawsuit against Guoneng Optoelectronics and Hengbang Company to the Foshan Intermediate People's Court. On August 29, the Foshan Intermediate People's Court opened the case. In the court, Xinghuang Technology issued relevant evidence and claimed that “Guoneng Company and Hengbang Company have a very good understanding of the patents of Xinghuang Company and have not made and used it for a long time and on a large scale without the permission of Xinghuang Company. Sales, promises of sales, etc., infringing the invention patent products of Xinghuang Company, the malice is very obvious, causing huge losses to Xinghuang company."
For the indications of Xinghuang Technology's identification of the infringement of the two, the heads of the two companies also made a rebuttal. On November 20th, the Foshan City Intermediate People's Court made a judgment, and Xinghuang Science and Technology won the case.
On December 5, the reporter got the first-instance judgment of the case. The Foshan Intermediate People's Court ruled that Guoneng Optoelectronics and Hengbang Company immediately stopped, manufactured, used, and sold the infringing products of Xinghuang Science and Technology Invention Patent and destroyed the infringing products. In addition, Guoneng Optoelectronics needs to compensate Xinghuang Science and Technology for economic losses of 130,000 yuan.
The cost of plagiarism is too low
In recent years, as an emerging industry, the LED industry has experienced a rushing development. However, today's industry is also facing many difficulties, including the intellectual property ecological environment that needs to be purified. The industry believes that LED has become a frequent industry for patent infringement.
In the face of infringement, many LED companies often choose to swallow their voices, because if they want to resort to legal procedures, they often cost a lot of human and financial costs, and the time is long. Finally, the enforcement of the law is also a problem.
In addition, the cost of infringement and plagiarism in the LED industry is too low, which has led to companies that have invested heavily in technological innovation and have succeeded in achieving benefits and benefits. However, infringing companies use the "cottage" products to occupy the market through price wars. Such an ecological environment is difficult to cultivate the soil for technological innovation, and it is difficult to cultivate enterprises' sense of innovation.
(This article is reproduced on the Internet. The texts and opinions expressed in this article have not been confirmed by this site, nor do they represent the position of Gaogong LED. Readers need to verify the relevant content by themselves.)
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