Recently, the invention patent infringement dispute case of "Shell with metal lead foot and its processing method" was included into the "Typical Case of Intellectual Property Rights of the National Court in 2022".
Case introduction
Appellant (Original defendant):Dongguan Fuhang electronic technology Co., LTD (shortened as Fuhang company);
Appellee (Original plaintiff):Guangzhou Zhida plastic hardware Co., LTD (shortened as Zhida company);
The patent involved is an invention patent named "Shell with metal lead foot and its processing method" (patent number: ZL201310335588.1), and its application date is August 2, 2013, the authorization announcement date is April 20, 2016, and the patentee is Zhida Company.
The original plaintiff (Zhida company )claims that:Without the permission of the plaintiff, the defendant Fuhang Company used the method patent to manufacture, sell, and promise to sell the products directly obtained in accordance with the patented method, which infringed the plaintiff's patent rights.
While the defendant Fuhang Company argues that the method used has technical characteristics that are neither the same nor equivalent to the patent in question, and it does not infringe the patent in question.
Guangzhou Intellectual Property Court found in the first instance that the product accused of infringement used the same production method as the processing method recorded in the patent claims, and Fuhang Company constituted infringement.
Fuhang company, dissatisfied with the first instance judgement , appealed to the Supreme People's Court. And moreover, the company clearly argued that the production steps of the technical solutions involved in the patent are different from those of the technical solutions involved in the patent, and the accused infringing products do not fall into the scope of protection of the patent involved.In the course of the second trial, Zhida company withdrew its lawsuit.
During the trial of this case, the lawyer of Beijing Gaowo Law Firm participated in the handling of the case as the agent of the appellant Fuhang Company.
Gist of judgement:
The necessary technical characteristics of a method patent are embodied in the specific steps and the sequential relationship between the steps.If patent claims of a method patent clearly define the sequence of steps, both the steps themselves and the sequence between steps should define the scope of patent protection.
