Chinese enterprise winning the lawsuit
China Tong Ling Technology Group through the continuous effort form three years eleven days, under the situation of US Federal ITC made a adverse decision, realized terrible reversal through judicial proceeding bravely. It creates a typical case of Chinese enterprise prosecutes US government organization – US Federal ITC and win legally. This is the first time that Chinese enterprise wins the US government organization in the lawsuit.
In the conference held on 15th September, Tong Ling group president Chen Wusheng introduced, 27th August 2010, US Federal Circuit Court rejected the wrong judgement that the US Federal International Trade Commission 337 investigation accuse China Tong Ling group of tort.
Event Review
Since January 2004, China the GFCI produced by Tong Ling group begun to sell to American market. However, they encounter the rejection of the same industry competitor of US. It has met four intellectual right lawsuits early or late in America in the past six years. The American top 500 Leviton Manufacturing Company prosecuted the Tong Ling group and its several American sellers respectively by the reason of infringing its 558 and 766 patent in 2004 and 2005. After three years of the contest, American New Mexico state federal district court decides Tong Ling group win on 10th July 2007. This is called the first case of Chinese enterprise win in Sino-US intellectual right lawsuit.
On 16th August 2007, only 36 days after winning the lawsuit, the industry alliance of American Leviton Manufacturing Company Paxiximu Company prosecuted the four enterprises including Tong Ling group to the US Federal International Trade Commission by the reason of patent infringement. It request to conduct patent infringement “337” investigation to the GFCI products come from China. At the same time it institutes a patent infringement proceeding to US New York Federal Northern District Court.
On 30th March 2009, US Federal International Trade Commission rules the Tong Ling Group infringing the “340” and “398” patent of Paxiximu Company. It also issued limited injunction to the US Customs to prohibit importing GFCI products produced by the Chinese manufacturers including the Tong Ling Group by passing the US Customs. This caused our GFCI industry loss a billion RMB export amount every year, more than 50 thousands related industry employees unemployed, the enterprises are near to close.
17th September 2009, Tong Ling group is forced to prosecute US Federal International Trade Commission to US Federal Circuit Court. Experience 345 days hard prosecuting process, it got victory at last. Many domestic news media including CCTV news all reported the lawsuit win.
The thought brought by the “first victory”
“Respecting intellectual right, respecting the fruit of labor of others, never violating anybody’s right of intellectual right is the consistent advocate of Tongling technology group.” In the conference, Tong Ling group president Chen Wusheng refers to for several times, Chinese enterprises want to enhance its independent innovation ability. Only by enhancing the production ability of enterprise independent intellectual right, make the enterprise keep the advanced status in its own industry all the time, China business can go onto the road of “go outside” ,to go onto the road of scientific development.
In addition, considering the current urgent situation, it is need our government to make constraints and strategies of anti-restriction to oppose the international trade protectionism. Constraining the malicious prosecution from the foreign enterprises to Chinese enterprises, holding up the protection umbrella of the intellectual right for the China manufacturers legally.
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