1 won three more lawsuits:
"I won three more lawsuits. As of today, I have not received a copy of the other party's appeal. " 10 June 17 morning, in Qiu zeyou's office, he said airily.
A set of data behind this is that in less than two years, Qiu Zeyou initiated 39 patent lawsuits, and none of them lost. Qiu Zeyou received patent compensation of more than RMB 10 million, and his name is widely circulated in the industry.
On July 9, 2006, an intermediate people's court in Xinjiang Autonomous Region entered several Hunan businessmen headed by Qiu Zeyou. They filed a complaint with the court, accusing a well-known building materials company in Xinjiang (hereinafter referred to as "Xinjiang Building Materials Company") of using hollow thin-walled pipes and other products in the construction site, infringing Roy Chiu's patent right.
It turned out that as early as May 2005, Qiu Zeyou's staff discovered the hollow thin-walled pipes and other products produced by Xinjiang Building Materials Company using Qiu Zeyou's patented technology on the construction sites in Aksu and Urumqi. The staff immediately questioned Xinjiang Building Materials Company, which ignored it. Subsequently, the staff also found that Xinjiang Building Materials Company sold the infringing products to other places. These products have brought huge economic losses to Qiu Zeyou's company.
Therefore, Qiu Zeyou submitted relevant evidence to the court, including patent specification and notarial certificate. On June 9, 2006 and June 3, 2007, the court heard the case twice, and the judge almost recognized all the evidence of superstar company. Subsequently, the court made a first-instance judgment on September 20, 2007, and sentenced Xinjiang Building Materials Company to immediately stop the infringement and compensate the economic loss of more than 270,000 yuan.
2 "wolf tactics" have won many battles;
"There are many skills behind winning the lawsuit. I summed up the core skills and called them' wolf tactics'. " Qiu Zeyou told reporters. "Now many patentees think that patent rights are difficult to protect. They blame the government and society, and they also complain that our legal system is not perfect. They complain and complain all day. " Talking about his patent litigation skills, Qiu Zeyou is quite proud. He has a profound understanding and analysis of the beauty of "wolf tactics" He believes that patent rights protection cannot be based on one patent, but on ten or even dozens of patents. At most, Qiu Zeyou used 26 patents to protect his rights. "If one refuses to accept the other, see if you can avoid several patents," Qiu Zeyou said. Regarding the effect of "wolf tactics", Qiu Zeyou gave an example: "In ancient times, when fighting and throwing arrows indiscriminately, no matter how powerful the generals were, they were inevitably killed before the battle." This is similar to Roy Chiu's "wolf tactics". He believes that "wolf tactics" can also achieve the miraculous effect of "defeating the enemy without fighting a lawsuit".
Qiu Zeyou calculated this account: If you sue each other with 20 patents respectively, the other party will surrender. Because 20 patents are sued separately, as long as the other party answers the lawsuit, it will cost nearly 6.5438+million yuan first, regardless of winning or losing. "I only need to spend about 300,000 legal fees in the first instance, while the agency fee for the other party to hire a lawyer is about 2 million, and the legal fee for the second instance will be several million. In addition, the other party will start the patent invalidation procedure at the same time, and 20 patents will cost 6,543,800 yuan. After the invalidation procedure is over, the other party will have to take administrative proceedings in the Intermediate People's Court or the High Court, which will cost several million yuan. Before the patent lawsuit is finished, the other party has already paid a large sum of money. Instead, he might as well pay the patent license fee honestly! This is much more cost-effective. " Qiu Zeyou said.
"Fat first, then kill" was once the patent strategy of foreign "6C Alliance" to deal with DVD enterprises in China. Today, Qiu Zeyou regards this strategy as a preliminary preparation for "wolf tactics". After discovering the infringement, Qiu Zeyou did not necessarily start the litigation procedure immediately, but sent a lawyer's letter to the other party. "Patent litigation is just a means, not an end. The patent is just a sword hanging over the opponent's head, which is not easy to cut down. " However, once the litigation environment was mature, Qiu Zeyou immediately used "wolf tactics" and the lawyer's letter suddenly became a complaint. Sudden blows often make opponents candidly admit defeat and surrender.