Zhuhai Gree Electric Co., Ltd. (hereinafter referred to as "Gree Electric") added a new judgment document. The cause of the case was a dispute over the infringement of invention patent rights. The plaintiff was Gree Electric, and the defendants were Ningbo Aux Air Conditioning Co., Ltd. and Beijing Jingdong Century Information Technology Co., Ltd. The case number is (2018) Jing 73 Min Chu No. 13.
In the trial, Gree Electric alleged that the plaintiff owned the patent for an invention named "evaporator". The scope of its patent protection was independent claim 1 and dependent claims 2-5, 8 of the patent. The plaintiff shall compare the features contained in the technical solution of the product alleged for infringement with the corresponding technical features recorded in the scope of protection of the plaintiff's patent right, it was found that the production and sales of the KFR-26GW/BpTLP1+1 type air conditioner products by the defendant, Ningbo Aux, violated the plaintiff's patent. The request ordered Ningbo Aux to immediately stop the infringement, compensation for the plaintiff's economic loss of 400,000 yuan and a reasonable expenditure of 39,689 yuan; order JD Century to stop selling the KFR-26GW/BpTLP1+1 model air conditioner products produced by Ningbo Aux.
The defendant argued that during the submission of the defense, the defendant, Ningbo Aux, raised an objection to the jurisdiction and held that the plaintiff did not provide evidence to show that Jingdong Century Company had committed sales or sales, and that the place of receipt of online shopping could not be used as the junction of the establishment of jurisdiction. In addition, the plaintiff did not raise any substantive claims against JD Century. According to Article 21 and Article 28 of the "Civil Procedure Law of the People's Republic of China", this case should be transferred to Ningbo Intermediate People's Court for trial.
After investigation, the court held that JD Century was one of the defendants in this case, and its domicile was located in Beijing. Therefore, Zhuhai Gree Company had the right to sue in the court where JD Century was domiciled. Regarding Ningbo Aux's claim that there is no evidence to prove that JD Century had committed sales or sales, this court did not have jurisdiction over this case. Since Zhuhai Gree Company submitted prima facie evidence to prove that Jingdong Century Company sold the accused infringing products, Jingdong Century Company can be identified as the defendant in this case. Regarding whether JD Century Company constitutes an infringement, it should be determined through an actual trial. Therefore, this reason of Ningbo Aux has no factual and legal basis, and this court does not support it.
In the end, the court ruled to dismiss the objection raised by the defendant Ningbo Aux Air Conditioning on the jurisdiction of the case.
Source: chinaipmagazine.com
