Utility Model Patent Dispute Case

Our client (Defendent): Xiamen JS Polarized Co., Ltd.

Civil cause of action: infringement dispute over a utility model patent

Court: Intermediate People's Court of Xiamen

Result: The defendent won the lawsuit and enforced their own interests and goodwill

1. Brief summary of case

The defendent Xiamen JS Polarized Co., Ltd. and the plaintiff Xiamen Hongtai Electronic Optical Co., Ltd. are both polarizing lens manufacturers in Xiamen, and often have a relationship of being business competitors. The plaintiff filed a lawsuit with the Intermediate People's Court of Xiamen on October 29, 2012, arguing that the defendant infringed on utility model patent no. ZL201120190707.5 with the title of "A polarizing lens and its forming mold", and the defendant actively responded to the lawsuit in order to protect their own interests and goodwill.

2. Summary of judgement

Judgement of the first instance: the defendant shall immediately stop infringement and compensate the plaintiff for the economic loss of RMB 50000.

Judgement of the second instance: the defendant appealed against the judgment of the first instance, Fujian Higher People's Court made the finding of facts again, corrected the mistake of the judgment of the first instance, and revoked the judgment of the first instance.

Retrial: the plaintiff filed for retrial with the Supreme People's against the second instance's decision. The Supreme People's court holds that the second instance's decision is correct, the defendant's products do not infringe the plaintiff's patent rights, and the defendant can finally protect his own interests and goodwill from damage.