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The Supreme People’s Court dominated in December 2020 to dismiss the appeal and uphold the unique judgment. The respondent held that he didn’t sell the alleged infringing product, only promised to promote it, and he has stopped promising to sell it. The alleged infringing product was manufactured mainly by the assembly of general-purpose components purchased from the market, and was not similar with or just like at least 25 elements of the design options of the patent involved within the case, and thus did not represent infringement. Wetherington Regulation Agency Provides Back To The NeighborhoodWetherington Regulation Firm Offers Again To The Groupwetherington regulation agency provides back to the communityJiaozuo law firmJiaozuo Law Firm
The respondent refused to simply accept the judgment of the first instance and filed an attraction to the Supreme People’s Court in October 2020. The respondent argued that the patent involved in the case belonged to an existing design, and the respondent was solely an agent vendor of the product concerned.
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The petitioner filed a request for an administrative ruling on a patent infringement dispute to the Wuhan Intellectual Property Office of Hubei Province. Extra Firms In This Metropolis:More Corporations In This Metropolis:extra corporations on this metropolis:Jiaozuo law firmJiaozuo Law Firm
In addition, with reference to relevant judicial interpretations, it’s decided that the use of a component that infringes on the design patent in the manufacture and sale of another product should be an unauthorized gross sales act. Therefore, the infringement is decided to be established. On November 26, 2018, Wuhan Municipal Intellectual Property Office opened the case in accordance with law. Upon investigation, the infringer was the respondent in an earlier case in 2017, and the gear involved within the case was also the identical tools. The Wenzhou Intellectual Property Office conducted an on-site investigation on the manufacturing site of the respondent.