CPA Wins Design Patent Infringement Case for Belgium Client at First-Instance Trial
China Patent Agent (H.K.) Ltd. (CPA) is glad to report that it has recently won a patent infringement case to defend the rights and interest in three patented designs of its client, an established Belgium textile machinery manufacturer.
CPA was entrusted to initiate lawsuit against the infringers after the client came to know shortly before the formal opening of the 2012 China International Textile Machinery Exhibition that three Chinese companies would be displaying during the 5-day session products counterfeiting its patented designs.
Understanding the urgency of the matter, CPA’s experienced attorneys took prompt actions to collect and notarise proper evidences. By their efforts, solid evidences were gathered in time to suggest imminent damage to the client’s IP rights and convince the court of the need for immediate action. As a result, pre-litigation injunction was granted the same day CPA's attorneys filed the request, which is the first day of the exhibition.
Despite some complications during the proceedings of the case caused by the defendants’ filing of objection to jurisdiction and request for declaration of invalidation of the patents in suit, CPA’s attorneys overcame the challenges and eventually persuaded the court that the infringing products fall within the scope of the plaintiff’s patent claims. Accordingly, on 25 February 2013, Shanghai First Intermediate People’s Court issued the first-instance trial decision to stop the acts of infringement.
The case has been a high profile one, drawing industrywide and media interest in China and abroad. In addition to the grant of the sparingly issued pre-litigation injunction, strict enforcement of penalties on violation of pre-litigation injunction is also a point of attention. In the case, one of the accused companies, which upon the notice of the court’s injunction continued to exhibit the infringing products during the remaining days of the exhibition, was subjected to a fine of RMB100,000 plus 10-day detention.
