Rebirth 2008: I Can Make Money Reading

Chapter 198 618 million yuan

Zhang Xiaofeng said: "Chairman, there is very bad news, we just received a summons from the H City Intermediate People's Court."

Hearing this, Mu Yang suddenly felt flustered and frowned, but calmed down quickly.

He took the subpoena handed over by Mr. Zhang, looked at it, and there was a reason for the case written on it.

After a while, he probably figured it out.

The plaintiff, IGP Imperial City Branch, sued H City Xinghai Group Co., Ltd., arguing that the XH-W1000 laser produced and sold by Xinghai Group infringed its patent rights. Taking the initiative to avoid it, but plagiarizing it in an all-round way, causing market confusion and violating honesty and credibility.

IGP sued to the H City Intermediate People's Court, requesting that Xinghai Group immediately stop the infringement, destroy the infringing products and compensate for the loss of 618 million yuan.

After Mu Yang read it, he slapped the summons on the desk.

Zhang Xiaofeng thought the chairman was very anxious, so he smiled lightly and said: "If other things are maliciously accused, I'm still a little worried.

That's all, I'm not worried at all.

IGP thought that our lasers copied theirs, and they probably didn’t understand the principle of our lasers themselves.

This bullshit foreigner knows that we will not buy their lasers again, so he directly rips his face and doesn't want to coordinate with us, so he directly sues the court with a piece of paper, 618 million yuan! "

"Really think we are a dish!"

"grass!"

The amount of compensation for damages is not arbitrary. Like this patent infringement, the actual economic loss suffered by the patentee due to the infringement will be used as the amount of damages. IGP believes that Xinghai Group has sold 5,000 unused lasers of their company. This part Claims for compensation of 230 million yuan.

As for the loss of product brand reputation, this also has a calculation method. It is believed that Xinghai Company caused the loss of reputation in the IGP market, and this part requires compensation of 350 million yuan.

Coupled with other losses, Xinghai Group Co., Ltd. is always required to pay 618 million yuan in compensation.

If the Xinghai Group really wanted to be accused of losing, all the profits it made before would have to be spit out.

Too cruel!

No wonder Mu Yang cursed loudly.

Mu Yang rubbed his temples, not because he was anxious, but because this kind of thing annoyed him and delayed his work, so he said to Zhang Xiaofeng: "Let Mr. Zhou, Mr. Yang, and people from the legal department come over. "

Zhang Xiaofeng nodded and called directly to inform.

A few minutes later,

Zhou Chen, Yang Hai, and two legal personnel from the group were all present.

Mu Yang explained the situation to everyone, and at the same time showed everyone the court summons and asked everyone for their opinions.

Yang Hai was the most annoyed after reading it, and he scolded directly: "Damn IGP, if we don't buy their lasers, we will use this trick. The lasers we developed ourselves have not copied theirs."

Zhou Chen said: "Maybe IGP also knows that we are not copying their lasers, but if they succeed, they will earn hundreds of millions of dollars."

After finishing speaking, I asked Luo Xiang from the legal department how much IGP would charge for this lawsuit. The lawsuit is not so casual, and they are very sure.

Lawyer Luo of the group calculated in his mind before saying: "If the calculation is based on the compensation of 618 million yuan, the acceptance fee is about 3.131 million yuan, the preservation fee is 5,000 yuan, and the execution fee is 685,000 yuan. The specifics are subject to the court, but the difference is not the same. would be too big."

Generally, in such cases, the litigation fee is divided into case acceptance fee, preservation fee and execution fee.

The acceptance fee is the most expensive, and the part exceeding 20 million yuan shall be paid at 0.5%.

This fee is paid in advance by the plaintiff, and if the plaintiff wins, the fee is refunded and will be paid by the defendant.

This fee is not refundable if the plaintiff intends to discontinue the case.

In cases of out-of-court settlements, the plaintiff usually withdraws the lawsuit. In this case, the litigation fee needs to be halved.

For litigation cases that are mediated before the court opens the case, the court will not charge litigation fees, but if the court needs to issue legal documents, the litigation fees will be halved;

If the mediation closes the case after the court files the case, the court will halve the litigation fee.

At present, IGP has no plans to negotiate outside the court, but only wants to kill Xinghai Company, so it directly applied for filing the case, and now the court has accepted the case.

According to Article 122 of the "Civil Procedure Law", the parties may refuse mediation and directly submit the indictment and relevant evidence materials, and those who meet the requirements for prosecution shall file the case within seven days.

In other words, the information obtained by the IGP has fooled the judge.

Intellectual property rights are inherently vague and difficult to distinguish, and it is difficult for non-inventors to understand clearly.

After listening to Luo Xiang's explanation, Mu Dian probably understood.

If you fight an official, you really can't fight without money. If you counterclaim, you can't fight without money.

Although some lawsuits can apply for legal aid, most of them can't afford it without money, and they can't afford time. After all, the litigation cycle is very long.

During the patent infringement case, the defendant can continue to produce and sell, otherwise, the loss will be huge.

Luo Xiang suggested: "Chairman, although we are justified in this matter, we must also be careful about them. There is still one month to go before the trial, and within the time limit for presenting evidence, we must collect and submit evidence materials that are beneficial to us. "

Mu Yang nodded, thinking that Luo Xiang's suggestion was very reasonable.

In fact, Mu Yang had just received the domestic and foreign invention patent announcement number of the laser, and was not worried that the lawsuit would fail.

Mu Yang asked about intellectual property lawsuits, but in fact, he had never filed a lawsuit.

Luo Xiang said that intellectual property cases do not belong to exclusive jurisdiction, and exclusive jurisdiction refers to being classified into a specific type of court.

According to the provisions of Article 2, Paragraph 1 of the "Several Provisions of the Supreme People's Court Concerning the Application of Law in the Trial of Patent Dispute Cases", the first instance of patent disputes shall be decided by the intermediate people's court and the Supreme People's Court in the place where the people's government of each province, autonomous region, or municipality directly under the Central Government is located. Managed by designated intermediate people's courts.

After Mu Yang knew about it, he asked, "Lawyer Luo, if we sue IPG for slandering our company, is that okay?"

Luo Xiang thought for a while before answering: "Chairman, judging from the current behavior of IGP, we have not slandered us, and we have no evidence, so we can't win the case."

"I never thought of suing them on this point, and they didn't slander us, but we can't be weak, so we sue them to pay us 100 million yuan!

Besides, we did not infringe upon any copyright. These foreigners probably did not buy our machine for dismantling and analysis, or in other words, they just wanted to blackmail us for a sum of money. "Mu Yang sneered, he has studied IGP lasers, compared with his own lasers, there are very few similarities, and he has already avoided the scope of protection of IGP laser patents.

But if the other party wants to blackmail yourself, you have to feel disgusted by the other party.

Then he asked IGP to compensate for the loss of 100 million yuan. With the Xinghai Group's size, this amount of compensation is easy to calculate.

What Mu Yang meant was: I just want to sue you, I never thought of beating you on this point, just to disgust you.

In short, the momentum cannot be weak.

He can afford hundreds of thousands of yuan in legal fees.

Of course, a lawsuit is a lawsuit, but it has to be accepted by the court.

"Chairman, yes, we may lose, that is hundreds of thousands of yuan in litigation fees, you can accept it. As long as we can win the intellectual patent infringement case."

"Well, that's good." Mu Yang said, "Now it's not so easy for foreigners to show off their power in our country."

Zhou Chen said: "The chairman is right. Strategically, we can despise the enemy, but tactically, we must pay attention to the enemy. We must be prepared to deal with it, so as not to capsize in the gutter."

Mu Yang agreed: "Mr. Zhou is right. In response to this lawsuit, a counterattack team is now formally established. Lawyer Luo from the legal department is the team leader. Other departments assist Lawyer Luo in collecting relevant evidence, so as not to affect the work.

Lawyer Luo, do you have confidence in this case? "