SIPCEfficiently Concludes Dispute Case over Infringement upon InventionPatent

On February 20, Shanghai Intellectual PropertyCourt (hereinafter referred to as SIPC) efficiently concluded a dispute case over infringement upon invention patent and announced the ruling in court by conducting on-site investigationof a massive exhibit. The alleged infringing product involved in the case was an optical image screening machine. As the exhibit was massive in size, the party involved transported it to the court in a truck, but it was impossible to unload the machine into the court for investigation. The collegial panel decided to hold a pre-trial meeting first to complete the presentation and cross-examination of other evidence, as well as the summarization of the arguments of both parties. After the focus of the dispute was determined, the judges in charge, expert jurors and the agents of the plaintiff and the defendant conducted an investigation of the exhibit on the truck parked in front of the court despite the rain. The court made a video and audio recording of the entire investigation process and took photos of the key components of the machine. After the specific structure and technical traits of the alleged infringing product were ascertained, the collegial panel returned to the court and wrote down the inquest process in the form of transcripts. The court ordered the massive exhibit to be sealed up again and transportedback by the party involved for safekeeping. At noon, the court arranged for the two parties involved to have a round of mediation on their own andtoldthem the judge's interpretation of the supplementary evidence. On the afternoon of the same day, the collegial panel officially opened the trial and summarized that the focus of the dispute was whether the technical traits used by the alleged infringing product were the same with or equivalent to the patent involved. Based on the evidence found in this case, the results of the investigation and the arguments of both parties, the collegial panel agreed that a ruling could be made immediately based on the documented evidence since the facts were clear and the two parties had fully expressed their arguments. After a discussion during the adjournment, the collegial panel made an immediate ruling in court. The trial of the case began at 9:30 am in the morning and the ruling was announced at 3:00 pm in the afternoon. The whole process lasted less than 6 hours. It fully testifies thatSIPCis capable of trying a case efficiently while ensuring the litigation rights of the parties involved.

 

 

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