The patent infringement compensation case of Yangzhou Best Company has been listed on the Supreme Co

  Yangzhou Best Machinery Equipment Co.,Ltd.(hereinafter referred to as"Yangzhou Best")has infringed upon the patent rights of Xiangtan Hengxin Industrial Co.,Ltd.(hereinafter referred to as"Xiangtan Hengxin")and its legal representative,Mr.Xiao Pingping,regarding"friction type movable gripper with pulley","welding drive wheel for cableway","mining steep turning cableway","mining steep static loading and unloading device for cableway",and other patent cases,After two years of litigation,the case has been concluded.The fact that Yangzhou Best Technology has infringed on the patent rights of Xiangtan Hengxin and its legal representative Xiao Pingping is established,and the infringement is sentenced to stop and compensation for losses is made.The Taiyuan Intermediate People's Court made an enforcement ruling on the judgment in March 2016 and made it public on the website of the Supreme People's Court of the People's Republic of China.
  Since 2004,Xiangtan Hengxin has been committed to the research and development of"mining overhead passenger devices"(commonly known as"monkey cars").Xiangtan Hengxin and its legal representative Xiao Pingping have applied for more than 200 patents for the"mining overhead passenger devices"product.The"mining overhead passenger devices"and accessories produced by Xiangtan Hengxin use the"Hengxin"trademark,which is a well-known national trademark.The product accounts for over 40%of the domestic market share and is the only domestic product export manufacturer.
  During the period from 2009 to 2010,Yangzhou Best poached a group of technical and sales personnel from Xiangtan Hengxin through unfair competition methods such as inducements,including former general manager Zhu Zhuzhuo and technician Li Guixiang.Yangzhou Best demanded that Zhu Zhuzhuo and Li Guixiang disclose and apply the business and technical information they acquired in Xiangtan Hengxin to Yangzhou Best equipment,This behavior not only brought legal sanctions to Zhu Zhuzhuo and Li Guixiang for infringing on the trade secrets of Xiangtan Hengxin(each sentenced to three years in prison),but also resulted in Li Guixiang's possession of some patented technologies belonging to Xiangtan Hengxin.Yangzhou Best Technology used Xiangtan Hengxin and Xiao Pingping's patented technologies on the production and sales of"mining overhead passenger devices"without the permission of the patent holders Xiangtan Hengxin and Xiao Pingping,Constituting patent infringement.
  Article 11,Paragraph 1 of the Patent Law of the People's Republic of China stipulates that after the grant of invention and utility model patent rights,except as otherwise provided in this Law,no unit or individual shall,without the permission of the patentee,exploit their patent,that is,they shall not manufacture,use,promise to sell,sell,import their patented products for production and business purposes,or use their patented methods,as well as use,promise to sell,and sell them Import products obtained directly according to the patented method.
  Article 60 of the Patent Law of the People's Republic of China stipulates that the exploitation of a patent without the permission of the patentee infringes upon its patent right.
  After trial by the Higher People's Court of Shanxi Province and the Intermediate People's Court of Taiyuan City,the following judgments have been made:(2015)Jinminzhong Zi No.50,(2015)Jinminzhong Zi No.51,(2015)Jinshangzhong Zi No.127,and(2014)Bingshangchu Zi No.32.It is determined that Yangzhou Best Technology has infringed upon the"welding drive wheel for cableway"and"mining steep slope turning cableway"of Xiangtan Hengxin and its legal representative Xiao Pingping Patent rights for"friction type movable gripper with pulley"and"static loading and unloading device for mining cableway with large slope",and ordered to cease infringement and compensate for losses.
  Judgment query link:http://wenshu.court.gov.cn/