Recently, King&Capital Liu Jingxia, Chen Changhui and Li Junxia represented an environmental protection company and a Japanese company infringement of invention patent dispute appeal case, after nearly 2 years, in the Supreme People's Court to settle the case, which greatly reversed the first instance of the passive unfavorable situation, and for the client to obtain a more satisfactory result, King&Capital lawyers in the whole process of highly professional and rigorous, responsible attitude to work has won the client high praise. Kyoto lawyers in the whole process of high professional standards and rigorous, responsible work attitude, won the high praise of the client. King&Capital lawyers will continue to protect the development of all kinds of enterprises with their professional ability.

Not Giving Up Hope in the Face of an Unfavorable First Instance Judgment

An environmental protection company was awarded a large amount of damages by the court of first instance for allegedly infringing on the invention patent of a Japanese company.

The Japanese company submitted notarized evidence such as notarized certificates and web pages containing the names, specifications, and quantities of the products in question, and claimed that the company's infringement profits were calculated based on the contents of the web pages. Eco Company submitted relevant financial information to the court in the first trial, but did not sufficiently prove the actual sales price, quantity and profit of the products in question. The Court of First Instance ruled that the environmental protection company should compensate the Japanese company for the huge amount of compensation that far exceeded its actual profit, which was difficult for the environmental protection company to accept.

After accepting the entrustment of the environmental protection company, Liu Jingxia took the lead to form a team of senior patent attorney Chen Changhui, senior litigation attorney Li Junxia, assisted by other attorneys, comprehensively sorted out the situation of the first trial, carefully researched and judged the situation of the first trial, and was not confined to the evidence submitted in the first trial, but comprehensively collected a wide range of evidence and materials related to the case, and jumped out of the first trial's defense, comprehensively analyzed the circumstances of the case, and thoroughly studied the law and case law, and then formulated a comprehensive and detailed, effective and efficient legal plan to protect the environmental protection company from the first trial. After comprehensively analyzing the circumstances of the case and thoroughly studying the law and cases, it formulated a comprehensive, detailed and effective response plan, and pushed forward step by step, patiently implementing the plan to achieve results.

Maximize the collection of evidence, restore the facts, and strive for the best results.

King&Capital team focused on combing to form an effective chain of evidence, covering the objective facts of the case, reversing the first instance judgment of environmental protection company's infringement of the high amount of compensation for profit, after the trial of the fierce exchanges and post-trial communication, King&Capital team ultimately succeeded in facilitating the environmental protection company and the Japanese company to reach a settlement, cut down on the amount of compensation of 70% of the first instance judgment, according to the law to protect the environmental protection company's maximum interests, so that the environmental protection company can devote all their energy to normal business. The environmental protection company was able to utilize all of its energy for normal production and operation. As the contractor judge said, King&Capital team's conscientious and responsible work to maximize the interests of the environmental protection company.

Live up to the responsibility and move forward

Compliance is the first step in the development of an enterprise, so that it can be stable and far-reaching. King&Capital always pursues the concept of "client first", giving full play to the advantages of specialized division of labor and teamwork, forming a strong litigation, non-litigation integrated legal services capabilities for the development of enterprises to provide one-stop, comprehensive legal services for the development of the client's business escort.

Translated with DeepL.com (free version)