If the plaintiff applies for a patent and determines that the WeChat Pay QR code has the same function and nature as the plaintiff’s QR code, then a compensation of 1 million is very reasonable. But if it is not confirmed that the QR code of WeChat payment is the same as theirs, then it is unreasonable to ask for compensation of 1 million.
In this lawsuit, Tencent stated that the WeChat payment system only provides payment channels for users, and the QR code does not contain merchant entity information and is a "single-character QR code."
The patent owned by the plaintiff is "multi-character QR code". The QR code will contain specific merchant information, which is different from the operating model of WeChat Pay.
From the above words, we can understand that the QR codes of the plaintiff and the defendant are different. The plaintiff's QR code belongs to the "multi-field QR code", while the QR code of WeChat payment belongs to the "multi-field QR code". Single field QR code".
Furthermore, the collection, decoding, and recognition of QR codes are all existing technologies, so the fields cannot be artificially separated in the patent and become the exclusive scope of protection of the other party.
In addition, QR code technology originated in Japan in 1994, but because Japan gave up its patent rights, QR codes quickly became popular.
Based on these points, we can definitely know that WeChat Pay is completely different from the plaintiff’s QR code, and the QR code of WeChat Pay has been innovated and changed in the original QR code. Change the QR code originally used to scan products into a QR code only used for user payment.
The most important thing is that Japan, the founder of QR code technology, has given up the patent rights of QR codes, so the plaintiff’s QR code cannot be the original founder. So it is unreasonable for the plaintiff to sue WeChat Pay. The plaintiff’s QR code and WeChat Pay are not QR codes with the same function, but just another type of QR code with functions, which does not constitute infringement.