Jiangsu Lawyers win transnational Trade lawsuit

Source: Internet
Author: User
Keywords Medical insurance patent legal fees
Tags company cost economic economic crisis enterprises international trade it is it is understood
300 copies of the certificate materials used only 6 of the beauty of the MA--"prepared 12 cases of evidence, 300 of materials, only half a box, asked 6, the other side will not answer"-Beijing time July 7, the United States ITC (International Trade Commission) ruling: agreed with the United States "Cargill Company" sued our province "Nantong Medical insurance" dismissed.  This means that Jiangsu lawyers first participated in the "337" inquiry to win the lawsuit, and set a 4-month, more than 500,000-dollar legal fees (regular years, more than 2 million U.S. dollars) of the "fast" record. The so-called "337" survey, because of the United States "1930 Customs Act No. 337" named, is the financial crisis in the United States trade protection, one of the most common means.  Jiangsu Province Foreign Economic and Trade Office Fair Trade Bureau secretary Ding, the crisis under the trade protection, the case won a great boost to the Soviet Union confidence. The plaintiff, the cargill,inc of multinational corporations and the United States of America, sued for the patent infringement of Soviet enterprises under the circumstances of the case originated in crisis. (Cargill), defendant, is Nantong foreign Trade Medicine Health Products Co., Ltd. (' Nantong Health insurance '), both sides produce ' vegetarian ammonia sugar '.  July 9, Jiangsu Taihe law firm's Liu Zhu lawyer said.  Liu Zhu, Deng Denhon, are from Jiangsu Taihe law firm, and they and the United States Wisanguro law firm James C.otteson and Dr. Lung Cheung, are the defendants acting lawyers. The case stems from the "vegetarian ammonia sugar" huge market competition. The ammonia sugar, is the human body joint construction essential material, but the traditional ammonia sugar production raw material is susceptible to the environmental pollution, causes the allergy, therefore the substitution "vegetarian ammonia sugar" demand exuberant. Like the largest consumer country in the United States, annual consumption of more than 20,000 tons.  Among them, Cargill occupies a large market share for a long time. and Nantong Medical insurance after more than 10 years of efforts, independent research and development of advanced vegetarian Ammonia Sugar extraction technology, annual production capacity of 1000 tons, sales of nearly 100 million yuan. The United States Cargill is under serious threat. Initially, Cargill tried to "amnesty" Nantong Medical insurance, making it its own production base and supplier.  But the cooperation talks about half, the economic crisis happened, the cooperation needed huge cost, let Cargill had to give up, but on the other hand want to maintain its monopoly status, in order to prevent Nantong health care into the United States, Cargill thought of the killer-"337" investigation. All the way, afraid of high lawyer fees Nantong medical insurance to give up the market "337" investigation is the industry's color change trade protection means. U.S. enterprises may, according to the United States "1930 Customs Act No. 337," the import of products or technology to the United States infringement of their own patents, application for the ITC investigation. The "337" survey also derives its name from this. "337" the deterrent to the defendant's business is two: The lawyer fee is too high, the process is too long.  It is understood that every "337" investigation attorneys fees on average 1.004 billion U.S. dollars, only the ITC stage will be more than 1 years. "Afraid to fight, many enterprises initially give up, and give up the lawsuit was sentenced." Under the ' General Exclusion order ', a losing case, together with other Chinese production of theProduct companies, but also to exit the U.S. market. "It is understood that on the" 337 ", my business should be the absence rate of up to 35%.  Due to the severe sanctions imposed by the absence of investigations, China has been the biggest victim of the "337" investigation--as of May 2009, the United States launched a "337" investigation of 91, of which 76 were concentrated in 2002, and our country became the most investigated country for 6 years in a row. "2009 Year of the year, Nantong health care was brought up ' 337 ' investigation;" The year when初七because, we hurried to Nantong. "But the reluctance to see it is happening: companies are very reluctant to complain at first," says the US market. "The twists and turns Jiangsu lawyers have the confidence to insist on responding to the final how to convince the enterprise?" Liu Zhu introduced, on the one hand, the United States is the largest market, "give up the United States = give up all"; On the other hand, they also introduced a magic weapon to the enterprise: "There are Jiangsu lawyers, can afford to play, with Jiangsu lawyers contact the knowledgeable American lawyers, playing win." "Originally, Liu Zhu and Deng Denhon, it is Jiangsu's own training, the first batch of international trade barriers to foreign lawyers." Jiangsu is a big province of foreign trade, and repeatedly encountered unfair trade barriers, so as early as 2007, the provincial Foreign trade and Economic office and the Provincial Judicial office jointly launched two consecutive "two anti-One" ("Anti-dumping", "countervailing" and safeguard measures) Jiangsu Foreign Lawyers Advanced Training course, recruited 48 trainees. Students have a strong foreign language skills, professional quality hard. Liu Zhu introduced, "337" investigation lawyer fee is expensive, mainly spend in finding the most suitable lawyer, and lawyers again for a long time to forensics. If you're looking for an American lawyer, you get 500-800 dollars an hour. "But to win the U.S. lawsuit, we have to hire the most professional lawyers in America." Therefore, the combination of "American lawyer + Jiangsu Lawyer" is the best way to "price/performance". Lawyers in our province know the Soviet Union, and have internship in the United States, have a good network, you can quickly choose the most appropriate U.S. lawyer cooperation.  Taking the case, for example, a team at the time trained in the Wisanguro law firm, and was well aware of the professional competence of its intellectual property litigation, the case's lawyer James C. Otteson, the first lawyer in the professional agency of the ITC intellectual property dispute list. The time and money spent on the edge, by the United States professional lawyers to identify the core direction of other communication, forensics work, by Jiangsu lawyers to complete. In this way, Nantong health care attitude change.  At the end of March, the Sino-American Legal Group formally submitted a reply to ITC.  China-US lawyers found that the plaintiff has two major "flaws": First, Nantong Medical insurance production technology, and the United States Cargill patent there is a fundamental difference; second, the United States Cargill patent itself is problematic. Around the 1th, in early May, invited authoritative experts, Stanford University, the Department of Chemical Engineering, a famous professor, as a Chinese expert witness to visit the production base.  He found that the production process of Nantong medical insurance and Cargill patent is fundamentally different, and submitted to the ITC "production process does not infringe" experts report. Around the 2nd, the Chinese and American Law Corps from the international literature, the wholeNearly thousands of pages of the Prophet technical materials to overthrow the Cargill patent. "The earliest from 1912". Liu Zhu said, "Nearly 100 years ago, someone has been tested, is definitely a strong proof!" In early June, the two sides entered the intense witness questioning stage. Our quality certificate, for each other "patent" put forward 300 materials, and 12 cases of evidence. And Cargill's patent inventor witness, in answer to the 6th material is repeatedly wipe perspiration, "overwhelmed." 12 cases of evidence only to half a box, a week later, Cargill offered to withdraw the unconditional withdrawal.  The whole process is only 4 months, lawyers cost more than 500,000 U.S. dollars, so "fast" in the national "337" cases are rare. Excellent quality certificate prepared 300 copies of quality certificate materials to ask 6 each other on the meaning of the case of foreign trade friction doubled the Soviet Union to raise gas, the case for Nantong health care, has an unexpected "stone" effect. With the cost advantages of "Made in China" and the international reputation of winning lawsuits, orders are coming in like snowflakes. In order to meet market demand, Nantong Medical insurance has decided to build new factories, production will be raised to 5000 tons, the related output is expected to reach 1 billion yuan. Department of Foreign Trade and Economic Affairs Bureau Director Ding Happy to conclude that, under the economic crisis, the rise of trade protectionism-only this January-June, our province enterprises encounter the amount of trade friction amounted to 1.8 billion U.S. dollars, ahead of the 5-year total. The case opened a good head, Jiangsu lawyers "escort", will greatly boost the Soviet Union to go to sea, to bash the trade barriers of confidence.

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