CPA Helps Client Win First-Instance Infringement Litigation & Get RMB2 Million Damages
China Patent Agent (H.K.) Ltd. (CPA) is glad to report that it has won a first-instance patent infringement case on behalf of a Swiss client's subsidiary in China, which was awarded damages of RMB2 million for the infringement by Beijing Second Intermediate People's Court.
The product in suit related to steel wire mesh for slope protection purpose. Upon entrustment by the client, CPA attorneys immediately engaged themselves in diligent collection of evidences and analysis of elements of the patented and infringing products. With convincing presentation of clear and well-grounded evidences, the CPA attorneys won the support of the collegial panel in court trial of their claim that the infringed product fell within the scope of protection of the plaintiff's patent.
As regards the determination of damages, the plaintiff put forward the suggestion of measure by reference to annual turnover, sales, and profit according to the disclosures in the defendant's brochures and website, which was also supported by the court.
The court finally decided that the plaintiff, our client, be paid monetary damages of RMB2 million, taking into account the fact that the plaintiff's claim of infringement was established, and the defendant was unable to provide counter evidence for the specific figures of sales and profit, despite its argument that the figures stated on the website were somewhat inflated.
In China, IP right owners tend to hesitate about seeking judicial protection of their IP rights, attributed largely to the costly litigation in return for limited damages in general, as well as the trickiness in producing proof of evidence to ascertain the amount of damages. Hopefully, the judicial inclination as reflected in the adjudication of this case would have certain influence on fostering IP rights protection and provide useful reference in respect of determination of damages and burden of proof for similar cases.
