"Heel" from patent infringement disputes the respondent intended to Ka
HC shoes Network April 28 hearing, "hook-in-one heart Shoe heel "Patent owner that the town of Zhejiang Province, Italy Kang Zhang Shoes Group Co., Ltd. produces and sells women's shoes and against his own legal rights, shoes manufacturing companies and Sell The product's mall to court. April 22, Hohhot Intermediate People's Court began hearing the case publicly.
Plaintiff known as "heart-in-one heel hook," said the town has been infringed plaintiff Chang, his description of the independent patent claims in the book clearly states: "In heart-in-one heel hook is a hook and heel column Tablets composition. "led to the identification, all the technical features of the patent is the center piece and the heel hook column. Any film with heart and heel hook the two essential pillars of the technical characteristics of the technical structure belong to the "heart-in-one heel hook," the scope of patent protection is not limited to welding or bending is in the form of completed The technical structure. According to the same technique of replacing the principle of tort judgments, although the accused infringing products in the bend of the method used to complete this structure. But this merger is not a new step method of infringement, and is a typical behavior of equivalent replacement. Because of its overall technical architecture, technical features and their function and role of the characteristics of this patented technology, function, compared to no change.
8 years studying the plaintiff's franchise 58-year-old Zhang is the town of Baotou City, who, after eight years of careful studying, invented this "heart-in-one heel hook", at home and abroad with him more than the demand side conduct Cooperation Development and promotion, but somehow in the process is terminated. Zhang town placed in the court pointed to a pair of women's High-heeled shoes That this is the witness of the accused infringement.
Women used to wear high heels, by a nail with steel bars and heel, this shoe's stability is relatively poor, Sole Easily broken, and people walking up and uncomfortable. So the town has been carefully studying Zhang, invented a "heart-in-one heel hook," and obtained national patent. Such relative to wear more comfortable shoes, and walked more stable, relatively is relatively strong. By chance, found the town of Hohhot Hoi Chang Liang Department Stores Inc. sales, from Zhejiang Province, Italy Erkang Footwear Holdings Limited production and distribution of the "Italian Kang"-style shoes women, use the "hook-in-one Heart heel "structure. Zhang town feel that they have not been subject to their consent, unauthorized use of his patent, infringement of his patent, so a piece of paper pleadings, the manufacturer and sell the product mall to court.
Trial, Zhang town, said: "I am hard of a patent, has spent a great deal of experience and funding, it changed the centuries-old tradition of domestic and foreign technology, production methods and concepts to create the most innovative technical design principles and theoretical basis. After the State Intellectual Property Office, authorized by law, it is both a technology known to the public, but also a personal property protected by law. "
In the courtroom, Zhang, Zhejiang Province, the town took out an Italian Kang Footwear Holdings Limited, Ms. Brown produced shoes, through the physical comparison, to a judge his views. Zhang town that the defendant's infringing products to its own existence a total of 9 patented technology in common, that is, the accused infringing products, the main technical features, full coverage of his patent protection.
Italian court denied the infringement Kang shoes in court that the trial judge, the case is over whether the plaintiff within the meaning of property rights infringement within the scope of the implementation of the two co-defendants are infringements; plaintiffs ask for financial compensation if there is ample evidence and legal basis. Hohhot Hoi Leung Department Store Co., Ltd. commissioned Proxy Counsel, Hohhot Hoi Leung Department Store Co., Ltd. is not intended to subject Kang shoe sales, mall operators are not the product seller. Italian Footwear Group, Kang and others have signed a licensing authority store, allowing others to sell in the market rental site. Sea bright department stores and the store is the relationship between the lessor and lessee. As the second defendant intended to Kang Footwear Holdings Limited, Zhejiang Province, the attorney argued that the plaintiff in the production of the company's property when the alleged infringement, the company commissioned a company in Yangzhou, Yangzhou, the company has commissioned the manufacture of Shandong business to manufacture, when the use is another patented technology, and issued the relevant evidence in court.
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