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« Intellectual property » course

« Intellectual property » course. Brief summary of case n.6 : Wuhuan Jingyuan vs. Japanese Fujikasui and Huayang. Summary. Introduction Plaintiff and defendant : who are they ? What’s the technology they are both arguing over ? Dates and Events Key points of the different cases

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« Intellectual property » course

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  1. « Intellectual property » course Brief summary of case n.6 : Wuhuan Jingyuan vs. Japanese Fujikasui and Huayang

  2. Summary Introduction Plaintiff and defendant : who are they ? What’s the technology they are both arguing over ? Dates and Events Key points of the different cases Difficulties and conclusion Technical issues and and public interest

  3. Introduction Fujikasui Engineering & Huayan electric power • defendant • is accused of using “Wuhan’s • technology” • tried to invalid wuhan’s patent • owns patent ZL95119389.9 • patent granted on 25/09/99 • plaintiff Wuhan Jingyuan “An aeration seawater FGD process and an aeration device”

  4. Introduction Desulfurization equipment

  5. Introduction Second instance trial 2 Wuhan Jingyuan 1 First instance trial Huyang Electric & Fujikasui

  6. Wuhuan Jingyuan fills the patent application for his « aeration seawater for Flue Gas Desulfurization process and aeration device », a cleaning system for exhaust gases emitted from fossil fuel power plants • Huayang is in charge of the construction and management of the Fujian Zhangzhou power plant Dates and events December 1995 • Huayang asks Fujikasui to equip them in term of Flue Gas Desulfurization (FGD) technology • Huayang oders a feasability study of FGD to Wuhan Jingyuan for Zhangzhou Houshi Power Plant, which they complete in December 1997 June 1996 April 1997

  7. Starting of the operations • Wuhan Jingyang asks Huayang to stop because of a pattern infringement • Wuhan files and action with Fujian Higher People’s Court • Objective: Wuhan should stop its infringement and pay for the damages Dates and Events 2000 • Fujikasui starts a patent invalidation proceeding, that fails September 2001 2004

  8. Fujikasui appeals to the Beijing First Intermediate People’s Court and then to the Beijing Higher People’s Court • Both validate the patent Dates and Events 2006 • Fujian Higher people’s Court reders its judgement : Fujikasui should pay RMB 50,612,400, based on their own profit turned from the infringement. The cessation of activity of the plant is not accepted. Instead the plant should pay RMB 240,000 annually, starting from year 2000 and until the end of the patent. 12th of may 2008

  9. Both sides, unsatisfied by the judgment, appeal to the Supreme People’s Court (SPC) Wuhan estimates the royalties should be higher. Fujikasui and Huayang still do not accept the patent, that the patented technology should be regarded as a “publicly known technology” and that the technology used is different from the one of the patent anyway. In the end, the SPC did not change position compared to the judgment of the previous courts

  10. Difficulties and conclusion Showing solid proofs Technical issues Social welfare An important case in the history of patent infringement

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