PetroChina patent infringement awarded 3 million

Reporter yesterday exclusive learned that because of infringement of technology patents, PetroChina subordinate company recently was sentenced to compensate 3 million yuan. According to the first instance judgment of Beijing Second Intermediate People's Court, PetroChina Dagang Oilfield Branch company, Tianjin Dagang Oilfield Group Engineering Construction Co., China Petroleum and natural gas Pipeline Engineering Co., Ltd. shall immediately stop the implementation of the "Underwater building element" and the building method of the underwater building using the component.　　"Invention Patent Act, at the same time, PetroChina gas pipeline company, Tianjin Dagang Oilfield Engineering construction company will jointly compensate Beijing Sea thoroughfare Engineering Technology Co., Ltd. (hereinafter referred to as" sea Thoroughfare Company ") economic loss of 3 million yuan. This April, this newspaper has reported the case of the first trial trial. At that time, the plaintiff's lawyer told reporters that in 2005, sea Thoroughfare Company by the patentee Chen Ze authorized, lawfully obtained the name "Underwater building elements and the use of the structure of the underwater building method" of the invention patent the exclusive implementation of licensing rights, And in 2007 on the issue of licensing the use of the patent and construction companies to negotiate, but because of the reorganization of the oil companies and other reasons the contract has not been finalized. can then sea thoroughfare company found in the oil company for the owners, Dagang oil Field branch for the management unit, pipeline engineering company for the design units, engineering construction Company for the construction Unit project "Dagang Chengdao Oilfield (first phase) Ocean engineering fourth Sea Road" construction, without the patentee and sea thoroughfare company license, Implemented the above patent.　　Sea Thoroughfare Company believes that this violates the patentee and the company's patent, so PetroChina sued the court, and claimed 6 million yuan economic losses.　　The oil side stressed that the sea thoroughfare is not the subject of the case, PetroChina-related companies did not infringe, patent technology is not established, hope that the court to terminate the trial, so that the listed companies to get rid of the negative impact of oil. However, it was determined by the court that, on August 2, 2002, Chen Ze had applied to the state Intellectual Property Office for an invention patent entitled "Underwater building elements and the construction method of underwater buildings using the component", which was authorized on November 15, 2006. The patent number is: ZL02135334.4. The patent right is lawful and valid.　　Therefore, without the permission of the patentee, no unit or individual shall carry out its patent, that is, it shall not manufacture, use or promise to sell, sell or import its patented products for the purpose of production and operation. Chen Ze told reporters that their own patent for the project to save the 30%-40% cost, the past 200 million-300 million yuan project through this technology construction will reduce the project cost to 100 million yuan. And the total project cost of 5%-6% of the share of the claim is reasonable.　　And he thinks that involves the construction of offshore road projects, as long as the use of its technology can greatly reduce costs, so it is not excessive to ask for 6 million yuan. However, in respect of the amount of compensation, the Court considered that, in respect of the specific amount of compensation, Haitong Chart Company provided some reference, but did not involve the overall cost of the project, profit margin, so according to the invasionThe nature, extent of the right behavior, reference to the company's past and others agreed with the patent licensing fees and other factors to be discretionary, the final determination of 3 million yuan. Reporter yesterday from the sea thoroughfare company learned that PetroChina's compensation money will soon be in place.