In this case, Gree Electric filed a lawsuit on June 20 17, and Gree Electric sued Ningbo Oaks Air Conditioning Co., Ltd. and Guangzhou JD.COM Trading Co., Ltd. because Gree Company owned the patent number. X of ZL2008200470 12 and the utility model patent right of air-conditioning indoor unit. Eight kinds of air conditioners, such as KFR-35GW/BpTYC 1 1, manufactured, sold and sold by Oaks, have repeatedly maliciously infringed patent rights. JD.COM Company sued the court on the grounds of patent infringement, demanding that Oaks stop the infringing sales of inventory and molds and compensate 40 million yuan.
2065438+On April 20th, 2008, Guangzhou Intellectual Property Court made the first-instance judgment. The court held that the plaintiff was the patentee of the utility model involved, and his legitimate rights and interests should be protected by law. The preliminary evidence provided can already reflect the infringement and profit of Oaks, but the account books and materials of the accused products are mainly held by Oaks. The court ordered Oaks to submit financial books within a time limit, but Oaks explicitly refused to provide original vouchers based on statistical data. The court held that Oakes should bear the responsibility for the obstacle of proof.
The court held that Oaks' subjective intention to infringe the same patent right again by using essentially the same technical scheme was obvious. Considering Oakes' subjective intention and interests, it is necessary to increase tort compensation to show its deterrent effect on serious infringers. Gree's claim for compensation of 40 million yuan should not exceed the reasonable limit and be supported.
On August 30th, 20 19, Guangdong Higher People's Court made (20 18) Min Yue's second-instance judgment, upheld the original judgment of Guangzhou Intellectual Property Court, and found that Ningbo Aosheng Trading Co., Ltd. (formerly Ningbo Oaks Air Conditioning Co., Ltd., hereinafter referred to as Aosheng Company) was established for malicious infringement, and awarded the latter compensation to 400 yuan, Gree Electric.
After that, the executor Aosheng Company filed an objection application, requesting the court to suspend execution and suspend the payment of compensation to Gree Company. After Guangzhou Intermediate People's Court rejected the application, Aosheng Company applied to Guangdong Higher People's Court for reconsideration. The Guangdong Higher People's Court ruled (2020) 1 17 and rejected the above application.