SIPC’s First Use of PreliminaryRuling for Patent Case

Recently, Shanghai Intellectual Property Court (hereinafter referred to as SIPC) made a preliminary ruling based onpartial ascertained facts when handling a dispute case over infringement upon invention patent between the plaintiff ValeoSystèmesd'Essuyage and the defendants Xiamen Lukasi Car Accessories Co., Ltd., Xiamen Fuke Car Accessories Co., Ltd. and Chen Shaoqiang. This is the first time that a Shanghai court has ordered the defendant in an IP case to stop infringement by means of a preliminary ruling. It is a useful attempt to explore and improve the IP litigation system, to improve the quality and efficiency of IP trials, and to implement strict IP protection. The plaintiff of the case is the patentee of the invention named "auto wiper connecter and adapter." The plaintiff found that the wiper products manufactured, sold and offered for sale by the three defendants without permission fell into the protection scope of the involved patent's claims, which constituted an infringement of the plaintiff's patent rights. So the plaintiff filed a lawsuit in court to request the three defendants to stop the infringement and pay its economic loss and reasonable expenses totaling RMB 6 millionyuan. During the trial, the plaintiff requested that court make a preliminary ruling that the alleged infringing product fell into the protection scope of the involved patent's claims 1-10, and order the three defendants to stop the infringement immediately. The court held that, giventhat the two sides strongly disagreed on whether the alleged infringing product fell into the protection scope of the involved patent's claims 1-10, and that the disagreement, as the case's core issue, was crucial to whether the three defendants should bear the infringement liability and the amount of compensation, the plaintiff's request that the court make an ascertainment on this issue in advance wasn't against the law, but would help determine the necessity of further investigation and ascertainment of the large amount of compensation evidence in this case, thus saving judicial resources. The trial ascertained that the alleged infringing product fell into the protection scope of the involved patent's claims 1-3 and 6-10, and that Xiamen Lukasi Auto Accessories Co., Ltd. and Xiamen Fuke Auto Accessories Co., Ltd. had manufactured, sold and offered for sale the patented product. Therefore, the court ruled in advance in accordance with the law that Xiamen Lukasi Auto Accessories Co., Ltd. and Xiamen Fuke Auto Accessories Co., Ltd. should immediately stop the infringement.

 

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