According to data, Shenzhen Guangfeng Technology Co., Ltd. (stock abbreviation: Guangfeng Technology, stock code: 688007.SH) invented fluorescent laser technology (ALPD) in 2007 and took the lead in realizing the technology globally. of industrialization. Based on the original and continuously upgraded ALPD laser display technology architecture, Guangfeng Technology has created the core device of laser display - laser optical engine, and combined this core device with display scenarios such as movies, television, education, and exhibitions, and developed many laser Display products and system solutions. ALPD laser technology architecture, as a key underlying architecture, has gone through four generations of technology upgrades and has deployed patent protection globally.
Core patent disputes continue, and another patent invalidation application has been accepted
On September 9, Guangfeng Technology announced that the company had recently received a notice from the People’s Republic of China and the State Council. Two "Notices of Acceptance of Request for Invalidation" issued by the Intellectual Property Office (hereinafter referred to as the "State Intellectual Property Office") (Case No. 4W109439, 4W109440). The State Intellectual Property Office has approved the request for invalidation of two patents held by the company, submitted by Delta Electronics Enterprise Management (Shanghai) Co., Ltd. (hereinafter referred to as: Delta Electronics).
It is reported that on August 29, 2019, the invalidation requester Delta Electronics filed a lawsuit against the company for its "multicolor lighting device using a movable template with wavelength conversion material" (Patent No.: 200880107739.5, hereinafter referred to as "7739" Patent") and "Light source structure based on phosphor to improve light conversion efficiency" (Patent No.: 200810065225.X, hereinafter referred to as "Patent 5225") requested invalidation.
The announcement shows that the above two patents are the company’s early core patents. Guangfeng Technology’s laser fluorescence projection products use the above patents. In 2018, the company’s laser fluorescence projection product sales were approximately 1.06 billion yuan, accounting for 2018 sales revenue. 76.49%; laser light source rental service business revenue is approximately 300 million yuan, accounting for 21.65% of sales revenue in 2018.
Guangfeng Technology stated that if the above-mentioned patents involved in the case are declared invalid, the company and companies in the same industry can legally and free of charge use the technical solutions involved in the patents involved, which will have a certain impact on the company’s core competitiveness. Adverse effects. The company will not be able to use the patents involved in the case to carry out patent protection and operation business in the future and obtain patent licensing income.
In addition to the invalidation request received this time, since 2013, petitioners including Huang Qingxian, Wei Qun, Japan Casio, etc. have successively submitted applications to the National Intellectual Property Office for the "7739 Patent" and "5225 Patent". The Intellectual Property Office has filed as many as 18 requests for invalidation (excluding the two requests for invalidation this time), and 7 relevant decisions, rulings or judgments with clear results have maintained the validity of the issuer’s patent rights, and 7 more have been filed by the petitioner. The cases were withdrawn on their own initiative, and 4 cases are still under review by the Patent Office Reexamination and Invalidation Examination Department of the State Intellectual Property Office.
Given that the State Intellectual Property Office has not yet made a decision on the invalidation application involved in the above-mentioned core patents, Guangfeng Technology stated that the impact of this matter on the company and its profits is uncertain.
In the face of patent rights, each other refuses to give in. Who touches whose cheese?
After sorting through the announcement, it was found that in addition to the above-mentioned "Notice of Acceptance of Request for Invalidation", Guangfeng Technology has also disclosed twice since it was listed on the Science and Technology Innovation Board on July 22 this year, involving multiple invention patents of the company. .
On August 13, 2019, Guangfeng Technology received two "Notices of Acceptance of Request for Invalidation" issued by the State Intellectual Property Office (Case No. 4W109289, 4W109291). The invalidation requester Wei Qun used different evidence to file two invalidation requests for the company’s “7739” invention patent. On August 5, 2019, the State Intellectual Property Office approved the applications.
On July 29, 2019, Guangfeng Technology received a notice from the Guangzhou Intellectual Property Court concerning the lawsuit filed by Delta Electronics against Delta Electronics and Shenzhen Futian District Soupni Projection Video System Firm (hereinafter referred to as: "Thorp Three "Civil Complaints" from "Nissan Commercial Bank") and three "Civil Rulings" from the Guangzhou Intellectual Property Court and other related materials.
Delta Electronics claims that it is No. ZL2013100174478.0 "Optical System", No. ZL201610387831.8 "Fluorescent Agent Color Wheel and Its Applicable Light Source System", No. ZL201310625063.1 "Blue Light Synthesis" The right holder of the invention patent "Method and System" believes that the company and Sopni Trading Company's behavior of manufacturing, selling, and promising to sell the "Light Peak Aurora Projector (Specification Model: AL-LX410UST)" for production and business purposes infringes upon Delta Electronics' The above-mentioned invention patent rights caused economic losses to the plaintiff company, with the total amount involved in the case being 48.436 million yuan.
Affected by this incident, 30 million yuan in the account deposits opened by Guangfeng Technology at China Construction Bank has been frozen. If it loses the lawsuit, the company will not be able to manufacture and sell this product with the specification model AL-LX410UST, and will be compensated according to the court ruling. Guangfeng Technology’s announcement shows that this lawsuit involves the company’s product, which is one of the company’s more than 40 laser business and education projector products. The sales of this model product accounted for less than 1% of the company’s operating income in 2018.
It is worth mentioning that on July 30, 2019, Guangfeng Technology received 3 "Notices of Acceptance of Request for Invalidation" issued by the State Intellectual Property Office. The State Intellectual Property Office approved the company's request for invalidation of three patent rights held by Delta Electronics.
The above three patents are "Optical System" (Patent No.: ZL201310017478.0, hereinafter referred to as "Patent 7478") and "Blue Light Synthesis Method and System" (Patent No.: ZL201310625063.1, hereinafter referred to as "5063" "Patent), "Fluorescent Color Wheel and Applicable Light Source System" (Patent No.: ZL201610387831.8, hereinafter referred to as "Patent 7831") is owned by Delta Electronics.
Guangfeng Technology stated that since the company is the applicant in these invalidation applications, it is expected that the final judgment of the case will not have a negative impact on the company. The State Intellectual Property Office has not yet made a decision on the invalidation application involving the above three invention patents.
When it comes to patent rights, there is no compromise. Whose cheese is the passive one? Currently, the relevant litigation cases and the multiple invalidation requests mentioned above still need to be further reviewed.
It should be noted that companies listed on the Science and Technology Innovation Board generally have relatively strong patent strength. As an enterprise, in addition to having its own strong core technology, it also needs patent awareness and the establishment of complete intellectual property protection. The system is also indispensable, otherwise continuous patent disputes will become a "stumbling block" on the road of enterprise development.