Zhongshan 16 Lighting Factory defendant alleged infringement was fishing evidence"

"You have 6 products suspected of infringement of design patent, please come to the Zhongshan intermediate people's Court on November 7th. "The factories for more than and 10 years Zhang Lianghong in Guzhen lighting industry recently because of alleged design patent infringement once again received a court summons, different from the appearance of the product is only 1 years ago the alleged infringement, the total of 6 products. Zhang Lianghong said that the court did not receive a leaflet of their lighting companies, this group has 16. Speaking of design patent infringement, we in the lighting industry more than and 10 years of hard work, the same general is puzzling is a circular design, and the appearance of the product in the market circulation is a very common thing, but the defendant infringement. "

The right to apply for patent infringement was successful

In July 2012, Zhang Lianghong for the first time since the alleged design patent infringement received a court summons, the sun Minfeng told her a design infringement of lighting, the court Zhang Liang Hong lost, compensation of 60 thousand yuan. After losing, the more I think the more unwilling, obviously in the market for a long time to sell a generic design, how would it be because of the design infringement? I will lose the product to apply for the appearance of the patent, did not expect to apply for success, the cost of applying for a patent is only a few hundred dollars, while the cost of losing compensation is 60 thousand yuan. Zhang Lianghong said that the infringement of the design of the product, but also can apply for a patent success, which makes the industry more puzzling, the lighting industry design standards for the design of the patent in the end is how to develop?

At that time lost the lawsuit, after all, only one product, when you buy yourself a lesson. "Zhang Lianghong said, after all, the product design, will apply for a patent, did not expect that received a court summons again, and there are 6 products suspected of infringement of the plaintiff or the previous appearance, Sun Minfeng, this is not only a professional lighting enterprise they accused, also accused the other 15, Zhang Lianghong told reporters" we go to court, query, this is only the first batch of the enterprise, and the second batch of the enterprises, a total of more than and 60 companies because of the appearance of infringement defendant, the plaintiff is Sun Minfeng. "

Companies specializing in patent claims

"He is the legal loopholes drilled, malicious acts of the claim," also told reporters in the list of defendants inside a lighting business owner Liu Daozan, their 16 defendants suspected of enterprise inquiry between the appearance of infringement style, which has 6 companies for the same shape of the defendant, among them, a most enterprises have 8 products accused of design infringement.

Liu Daozan gave all calculations, a form of patent claims 60 thousand yuan, Sun Minfeng because of a patent on this list would be 6 if successful, it means that he will get 360 thousand yuan compensation, but his patent cost is how much money, a few hundred dollars, this business to where do? More importantly, he applied for the so-called design patents, are in the market has been circulating for a long time the general shape, in order to make money, he specializes in loopholes in the law. Liu Daozan then showed reporters its products on the company's website and order date, product transaction, date display than the patent Minfeng sun earlier.

"Sun Minfeng is now exclusively through patent claims and then tell the lighting business behavior to eat, these years do not know how to home lighting factory. "Liu Daozan said, affected by the environment, now the lighting industry is really hard to do, since this year, if a malicious claim can survive, the developers do not do lighting industry, have to walk this road, malicious claim.

Fishing forensics was hated counterparts

How does the plaintiff collect evidence? He hired foreigners to dress up as a foreign trader to buy samples, so as to obtain evidence of the company's bank accounts and transactions. "A light show my sales price is 20 yuan, sun Minfeng hired foreigners, pretending to be said to start purchasing a foreign sample sent back to check, because the company purchases, all the money is go through a bank account, bank account number, Sun Minfeng in order to obtain invoices and other evidence of the transaction. "Zhang Lianghong Tongsu, who know that the company did not wait for foreign orders, but received a court summons. Zhang Lianghong told reporters that the price of 20 Yuan lighting products, net profit of 2 yuan will be very happy, thought to have foreign procurement, who know fishing forensics, this product is now have claims 60 thousand yuan, we will produce much light to the amount of compensation.

"6 products a total of 360 thousand yuan, we as small and medium-sized enterprises, a year hard to feed more than 30 workers, how many years can earn 360 thousand yuan. Zhang Lianghong complained bitterly.

So the defendant's products are really infringement? Is this really the case? Reporters repeatedly call Sun Minfeng phone, the phone is switched on, the phone is immediately displayed a voice prompt, can not get a direct dialogue.

Has received millions of compensation

"I know Sun Minfeng, quite famous in the lighting industry and the justice system. "Once in the city intermediate people's Court of the executive bureau is responsible for the work of the judge Jiang told reporters that in recent years, led by Sun Minfeng's team, in the design patent infringement claims, the intermediate people's court ruling executive payment has millions yuan.

Judge Jiang analysis, from a legal point of view, these 16 alleged appearance patent