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Jun Zhiquan’s electronic evidence was approved by ...
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Jun Zhiquan’s electronic evidence was approved by the court, and the utility model patent was awarded 600,000 yuan
2018.06.26

The Guangdong Higher People's Court ruled that Elite Screens China Corp. (hereinafter referred to as "Elite") shall pay a compensation of RMB 600,000 to Shenzhen Samsav Audiovisual Technology Co., Ltd. (hereinafter referred to as "Samsav") for deliberately and repeatedly infringing on the Samsav 's utility model patent rights. In this case, Elite was alleged to sell the infringing products, and Guangdong Junzhiquan Law Firm authenticated the allegation with electronic evidence, which was adopted by the Guangdong Higher People's Court.

Case Review

1. The Guangdong Higher People's Court ordered Elite to pay a hefty compensation of RMB 600,000 for its malicious repeated infringement.
When the aforementioned legally effective judgment had clearly ruled that Elite must cease its act of infringement and pay a sum of RMB 300,000 to Samsav as compensation, Elite continued with its act of infringement and the manufacture of the infringing products, and sold and promised offered to sellsale such products on its official website, JD.com, Tmall, and other e-commerce platforms. All of these acts constituted an intentional and repeated infringement of Samsav's utility model patent rights, and brought about huge losses to Samsav.
In response, Samsav filed a second lawsuit with the Shenzhen Intermediate People's Court. Taking into consideration Elite's intentional and repeated infringement, the high commercial value of the involved patent, and other factors, the Shenzhen Intermediate People's Court made a judgment that Elite shall pay RMB 600,000 as compensation to Samsav. The Guangdong Higher People's Court upheld the judgment.
2. Junzhiquan proved Elite's sales of the infringing products with electronic evidence, which was adopted by the Guangdong Higher People's Court.
TIn this case isof In the lawsuit involving repeated infringement in this caselawsuit, Junzhiquan made a breakthrough in providing evidence. It proved Elite's sales behavior by fully studying the definitions of "review" and "monthly sales" in JD.com and Tmall rules, as well as the "review", "monthly sales", and other information of Elite's infringing products available on JD.com and Tmall, rather than by purchasing the alleged infringing products with a notary accompanying it, which was supported by the Guangdong Higher People's Court. This way to collect evidence also obviated notarial charges, reducing Samsav's cost of safeguarding its rights and interests.
 
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