Shine® Helps ASD Defeat Group SEB

Browsing volume: 615

Zhejiang Province People's High Court recently had a public trial for a case about foreign invention patent infringement and it was broadcast. The judgment announced was: abrogate the judgment of first instance, overrule all claims of SEB Group, and SEB shall bear legal cost of first and second instance.

Media at home and abroad sent live report about the trial and judgment, which produced much response from public.
  

The reason why the case attracted much attention is that the plaintiff and defendant are both renowned kitchenware manufacturers. SEB from France, the plaintiff is a global leading company in the line, and has acquired Supor with ten-digital amount (RMB). The defendant ASD is one of domestic leaders of kitchenware. The patent involved in the case is a patent for invention. SEB won in the first instance, and both parties instituted an appeal. Agents for both parties have rich experience in patent litigation. 
 

The grounds of appeal of ASD represented by Shine® included: the product concerned is not in the protection range of patent; doctrine of equivalents shall be prudently used for patent obtained by technical combination; functional features shall be explained by specific examples and equivalent way to prevent expansion of patent protection range. Shine® expounded the reason of non-infringement based upon adequate reasoning and proofs in the trial, and was highly appraised by observers in the court for excellent abilities.

The High Court concluded grounds of appeal and explanations on disputed technical features of both parties, and adopted those proposed by Shine®. Final judgment was given at court: the pressure cooker concerned doesn’t possess all necessary technical features recorded in the requirements for independent patent right claimed in the case, so it isn’t in the patent protection range. ASD’s conduct sued didn’t infringe the patent right.