Intellectual Property Court Held a Hearing on the First Case and Had a Good Effect

In the afternoon of March 27, Shanghai Intellectual Property Court held a hearing in public that Hewlett-Packard Development Company, L.P. appealed against Speed Infotech Co., Ltd. infringing the patent for invention. It was the first case Shanghai Intellectual Property Court accepted and held a hearing for it since its establishment. The collegiate bench is consisted of the Vice President of the Court Li Shulan, the Chief Judge of the Tribunal 1 Liu Junhua and the Judge Ling Song, and Li Shulan took the post of Chief Judge. The court hearing of the case was organized orderly, with innovative procedure and after good communication, having a good effect. Hewlett-Packard Development Company, L.P. alleged that it was subordinated to Hewlett-Packard Company (the largest information technology company in the world) was responsible for applying and managing the intellectual property of Hewlett-Packard Company. Aiming at the ink cartridges of inkjet printer, the involved patent was granted on September 7, 2005 and is still valid up to now. Without the approval during the valid period of the patent, Speed Infotech Co., Ltd. manufactured, offered for sale the ink cartridges(Model: HP818XL, black) for the purpose of production and management. Whereby, Speed Infotech Co., Ltd. was required by the Court at the request of Hewlett-Packard Development Company, L.P. to stop implementing infringement act, to destroy the special die, equipment and publicity materials for promotion for producing infringing products, and to compensate for economic loss of 1 million Yuan. Speed Infotech Co., Ltd. argued that it does not infringe the patent right of Hewlett-Packard Development Company, L.P. The hearing was started with such dispute focuses as whether the technical proposal of the appealed infringing products was within the scope of the protection of the involved patent right, what kind of infringement act the defendant conducted, and what was the legal liability the defendant shall undertake. The collegiate bench chose an auspicious day to sentence after discussing, and had three innovation initiatives on the organization of court hearing: first, added a legal interpretation procedure before the trial and discuss, increasing the self-awareness of the plaintiff and the defendant about respecting the judicial process and the law and good faith lawsuit; second, the judge assistant participated in the court hearing, releasing the judge of the collegiate bench from transactional work and effectively promoting the judicial efficiency; third, broke a new ground for court hearing procedure, focusing on the dispute focus of the case, alternating and promoting the court survey and debate procedure, increasing the pertinence of the court hearing. Some municipal representative of NPC, specialists and scholars in the field of intellectual property, more than 10 central and municipal Medias observed the court hearing. The court hearing process was simultaneously on air on SITV and China Court Mobile TV.

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