Patent Infringement Dispute Litigation of Split Type Current Transformer
Heard by: Intermediate People's Court of Ningbo, Zhejiang Province.
Outcome of Trial: The court determined that the patent was infringed and ordered a compensation of RMB 650,000.
Zhejiang Dixsen Electric Co., Ltd. was founded in 1995 and mainly engaged in the manufacturing of high and low-voltage transformers, electrical instruments, and other products. With a high reputation and strong technical strength in the industry, the company owns a number of self-developed patents. This case involved a basic patent for a current transformer. The client entrusted Sanyou to protect their patent after they found infringer on the market.
After being entrusted, Sanyou’s attorneys formulated a detailed and thorough litigation strategy and successfully purchased the allegedly infringing product. The court determined that the patent was infringed and ordered a compensation of RMB 650,000.
With the strengthening of national intellectual property protection, patentees are also expected to receive higher compensation for damages. However, a patentee also needs to provide ample evidence in order to obtain a higher compensation. In this case, Sanyou attorneys organized and collected evidence from the following five aspects.
1) The plaintiff’s invention patent had strong stability and high market value.
2) The financial data submitted by the defendant showed that it made huge profits.
3) The defendant's infringement was of flagrant circumstances.
4) The defendant infringed in bad faith.
5) It might jeopardize personal safety and harm the public interest.
This case provided a positive reference for how to increase the amount of damage compensation.
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