Wenzhou yueqing private enterprises overseas lawsuit five consecutive wins

Five lawsuits in the year, Zhejiang Tong Collar Group's opponents are the U.S. industry giants. "Ants" in the "elephant" door, according to the "elephants" rules of the game to the court--this reporter Jiangnan this is the largest Chinese enterprises to date, the longest time span to win the most beautiful overseas intellectual property rights action, but also created a lot of Chinese enterprises "first" : The first time through judicial proceedings to completely overthrow the United States International Trade Commission's administrative rulings, the first in the United States patent infringement action to win the competition with Chinese enterprises "go out" the pace of accelerated, the face of intellectual property litigation will be more and more pressure.　　The experience of the Chen Wushe group has been a thoughtful 2011-year New Year, and the chairman of Zhejiang Tong-Ling Technology group has finally had a relaxed and comfortable life. Over the past 6 years, the company has suffered a few respite from the 5 large-scale transatlantic IPR lawsuits with American industry giant Leiden and Passisim.　　By the end of last year, the decision of the Federal District Court in New Mexico State, the United States, declared the group's victory over patent infringement lawsuits. The Chinese private enterprise, which has been developing and producing leakage protection devices, has finally taken off the "patent infringement" hat that has been imposed on the head.　　The name "Wu Sheng" Wenzhou yueqing private entrepreneurs, and finally ushered in overseas intellectual property rights "five consecutive win." In the view of experts, this is the largest and longest time span of Chinese enterprises to win the most beautiful overseas intellectual property rights action, but also created a lot of Chinese enterprises "first": the first in the patent infringement lawsuit to get the U.S. "Markman hearing" order,　　The first time through judicial proceedings to completely overthrow the United States International Trade Commission's administrative rulings, the first time in the United States patent infringement lawsuit to win over opponents. From always accused to active as plaintiff, learn to use other people's rules of the game to protect themselves "this is an ant-Elephant war, but also in the ' elephant ' door, according to the ' elephants ' familiar with the rules of the game to play.　　Chen Wushe to reporter regrets way, at that time never thought, lawsuit a dozen is 6 years. Since the 80 's, the United States government has been forced to promote a power product called "GFCI (Earth Fault Leakage protection Device)", which stipulates that it must be replaced every two years, thus forming a huge market with annual sales of 3 billion dollars.　　At that time, this huge market by the United States 4 industry giants Monopoly, of which the financial strength of the United States, the top 500 companies in Leiden, is accounted for nearly 60% of the market share. Chen Wushe They developed their own GFCI products, and they entered the U.S. market in January 2004. Due to the quality of reliable, but the price of similar products in the United States a big cut, to May orders have been 50 million U.S. dollars, less than six months has accounted for more than 10% U.S. market share.　　At rush hour, the corridor of the Tong-Ling Group is full of products, overtime production. At this point, the group received an email from an American distributor, only to know that the United States Leiden Company in the "infringement of patent" on the basis of the 4 dealers were sued to the Federal District Court. In 4 different lawsCourt to sue, pay 4 times times the litigation costs, Leiden company is obviously want to use lengthy trial procedures, a large amount of litigation costs so that dealers do not dare to continue to sell the products of the tong-collar group. "At that time, we know very little about the United States Patent protection system, the United States law also touch the doorway, although firmly believe that their products have no infringement, but heard to lawsuit, in the face of such a strong opponent, in the heart or imprinted."　　"Chen Wushe said, at that time before there are two options, one is to retreat, also means to give up the United States market, the second is to fight, and actively respond to a technical content of intellectual property rights patent lawsuit, but if lost, or can not afford a large amount of litigation input, enterprises will be dragged down. Only to deal with the hope of victory, the company's board of directors opened three days and nights, and finally chose to challenge. The company has reached an agreement with the United States distributor that the full cost of the proceedings shall be borne by the Qualcomm Group, provided that the Distributor is guaranteed to continue to distribute the products of the Qualcomm group during the proceedings.　　In July 2004, the group took the initiative to apply to US courts as the second defendant to intervene in the Leiden lawsuit.　　After 6 years, the United States, Leiden, Passisim firm Bite, take turns to come up with various patents and "Zi patent", "sun patent", frequently to the tong-collar group, employing big-name lawyers, staged patent litigation "wheels".　　Leiden Company in 2004, 2005, on the basis of infringement of patent, respectively, the New Mexico State Group and its American dealers, after 3 years, the July 2007 United States federal District Court finally decided that the company's products do not infringe the United States patent, the case was unconditionally revoked. Only 36 days later, the Passisim company, who thought of the shadow of the "infringement", was sued by another American industry giant, the US International Trade Commission, to investigate the "337 section" of patent infringement of 4 Chinese enterprises such as the GFCI group.　　In March 2009, the United States International Trade Commission (GFCI) ruled that Chinese companies, such as the company's patent infringement, prohibited China from importing products.　　In the face of this erroneous ruling that caused China's leakage protection industry to lose billions of yuan a year, the company sued the Federal Circuit Court until August 2010, overturning the United States International Trade Commission's ruling and lifting the customs limited restraining order. After only 7 days, the company returned to the United States International Trade Commission for the group and other dozens of companies to conduct "337" survey. In order to reverse the situation of being chased by American companies, the New Mexico State decided to sue the United States federal District Court for a malicious lawsuit against Leiden and claim damages.　　December 2, 2010, the New Mexico State Federal District Court Decree Leiden Company must be within a week to revoke the "section 337" Investigation application. "At this point, they have the patent in their hands," the brand has been all played, no longer can attack, make it difficult to pass the collar group.　　"The battle between the ants and the Elephants," Chen Wushe said, "was a period of triumph over the collar group." 30 years of not falling opponentsWhy did you miss? 86 patents for the group to hold the intellectual property rights in the past 6 years, through the group to deal with a series of large-scale foreign intellectual property litigation, only lawyers fees, travel expenses, such as expenditure, no less than 15 million U.S. dollars.　　In addition to the loss caused by the limited sales of enterprises, the number is even larger. "This money must be spent and spent." At least now our group is still standing and holding the American market. As long as we do not fall, there will be development in the future. "Chen Wushe confident," conservative estimates, two years can rebound to the original market level. "What is the company's advantage in winning this series of IPR lawsuits with US companies?"　　Chen Wushe said that, in addition to a positive attitude, the international trade and intellectual Property "rules of the game" of the familiar grasp, the most fundamental point, or the enterprise itself has excellent independent innovation ability, firmly grasp the core intellectual property strategy, "The iron also must own hard". "If you don't have a patented technology, no good lawyer can guarantee you the last laugh," he said.　　Fangley, a lawyer at the international law firm in Shunde, USA, believes that the group is able to completely overturn the US International Trade Commission's erroneous rulings through judicial proceedings, relying on the patented technology they applied in the United States. It is reported that in the past twenty or thirty years, the United States Leiden Company and more than 30 production of GFCI products foreign enterprises have played patent infringement lawsuit, before all won, the only failure of the case is facing the tong-collar group. The patent infringement lawsuit, decide the key to victory and defeat, is the patent core technology of independent innovation.　　It has been proved that Chinese enterprises have used high technology to occupy the "commanding heights" of the industry, breaking the technical barriers and intellectual property litigation barriers of foreign enterprises. Tong-collar group currently in China and the United States, Canada and other 86 patents for inventions.　　At the beginning of research and development, GFCI Group avoided the technology path of electromechanical integration used by the company's products, and turned to study the principle of permanent magnetic action to realize GFCI basic function and walk without others. The transformation and upgrading of Chinese export enterprises to open up foreign markets, we must face up to the "337 section" Survey of the United States of intellectual property rights litigation barriers through the group as a "made in China" to "China to create", the first step forward to "go out" of China's private enterprises, it has been the case of overseas IPR litigation,　　The transformation and upgrading of Chinese export enterprises and the development of foreign markets must face up to the intellectual property litigation barriers represented by the U.S. "section 337" survey. "Section 337" investigation is mainly the United States International Trade Commission to oppose unfair competition in the import trade, in order to protect the rights and interests of U.S. intellectual property owners. Data show that, since China's accession to the WTO, the United States International Trade Commission in the intellectual Property "337" litigation, about 50% of China-related. Zhejiang Province Business Office of the Import and Export Fair Trade Bureau statistics also showed that in recent years, Zhejiang Enterprises encountered "337 section" Investigation of the increasing number of cases, 2006 to date, a total of 20, involving 21 enterprises, it is expected that the momentum will be intensified in the future.For some foreign enterprises, the "337 section" investigation into their hands is good at waving a "stick."　　Experts believe that with the rapid development of China's economy, export products gradually from labor-intensive products to technology-intensive products, will inevitably bring technical products with foreign enterprises fierce competition, accompanied by whether there are patent infringement and other products related to intellectual property rights disputes. Liu Pengxu, director of the law department of China electromechanical Products import and export Chamber of Commerce, said that it was because of Chinese enterprises ' innovation ability and more active economic and trade activities that triggered more IPR lawsuits.　　In this case, the enterprise should take intellectual property as a core development strategy, establish the Intellectual property Strategy system, so as to enhance the strength and grasp the initiative in the future development. Experts suggest that Chinese enterprises still have to learn from their foreign counterparts and make up gaps in their research on intellectual property status, the development strategy of products around intellectual property rights, and the avoidance of infringement risks before products are listed.　　And once encounter intellectual property dispute and lawsuit, also should face positively, positively should sue. Tengfei, a researcher at the Development Research Center of the State Council, believes that as Chinese companies "go out" faster, the pressure of lawsuits over intellectual property rights will become greater. It is imperative for the government, industry associations, enterprises to promote the joint effort to establish a forward-looking, early warning system, more scientific and effective maintenance of Chinese enterprise interests. For the government, we can also set up intellectual property assistance centers to provide legal advice and information services to the small and medium-sized enterprises.