337 battery patent dispute
Chinese battery companies win in U.S. patent disputes Energizer
Chinese battery company jointly responding to victory over the United States Energizer "337 battery patent dispute case", as Chinese enterprises overseas rights of another example. The results of the victory is important, but the lessons learned for process analysis and continue to "go out" of Chinese companies may be more beneficial.
Unity is strength
Since 2002, China has suffered for 6 years as the United States "337 investigation" the most involved country, by the "337 investigation" of the company is involved in electronics, light industry, chemical, biological, medical device and other industries. But now, responding to China's enterprises, "Section 337" less than ideal circumstances.
During the "337 battery patent dispute case" in the lead by the China Battery Industry Association, the Chinese respondent companies have weathered numerous challenges, and always adhere to the group operations, the industry has not yet have a product exports to the U.S. companies are generous. Chinese respondent enterprises in Fujian Nanping Nanfu Battery Co., Ltd. Administration Department Kangjin Wei recalled: "the meeting in Ningbo, a home out of non-respondent enterprises on the spot 4 million to support the respondent, which is a kind of national spirit."
"Battery Battery Company in favor of '337 patent dispute 'a great inspiration to domestic enterprises." Deputy director of Intellectual Property Academy of Social Sciences Li Shunde, said in an interview, the respondent on the one hand argue to have the courage and the attitude of scientific analysis, to positive response, and dare the respondent, good responding, we can not blindly believe in each other's conclusions can not be negative patient, show a sufficient basis to reasoning; the other hand, the respondent to pay attention to strategy, responding to need money, manpower, resources, legal and other aspects of support, individual companies may weak, but we unite together, through trade associations and other intermediary organizations to win only the possibility of coordination. Particularly in the face of the United States "Section 337" may give the "general exclusion order", responding to the results will affect the development of all enterprises in the Chinese industry, this requires the joint efforts of the entire industry.
Preventive measures
Energizer in the United States on the outcome of litigation lost, but Kang Jinwei, the U.S. companies the importance of intellectual property, but domestic companies should learn. Compared with the Energizer, domestic enterprises lagged behind awareness of intellectual property, ability to use intellectual property is obviously lacking. Kangjin Wei admitted, the defendant after the company realized the importance of patents, patent applications began to study. Nanfu company as the industry's leading enterprise like this, other companies can be seen.
At present, awareness of intellectual property rights of enterprises are generally not strong, resulting in some enterprises, especially exporters exist in varying degrees, the risk of infringement of foreign intellectual property. Wang Jing Zhong of China Battery Industry Association, said the Secretary-General, the enterprise should have a strong awareness of intellectual property, we must understand the situation of the enterprise intellectual property, product development at the same time make sure to do the work of the patent application, so as to really protect their own interests from damage. "337 battery patent dispute," the Chinese firm attorney Stephen Hawking? Stockhausen law firm Zou Guorong are suggestions that Chinese enterprises "going out", be sure to understand the target market, distribution and protection of patents, know ourselves, can prevent the first place.
Enhancing strength is the key
United States International Trade Commission 709 final award decision Energizer patent for its failure to meet U.S. federal patent law described in section 112 of the written request is invalid, mainly due to the uncertainty of China's terms of use patents against other patents. Previously, the 709 was the Energizer patent to the United States, Japan, Singapore and many other battery companies collect royalties for the "killer." According to Zou Guorong said, it is generally believed that the U.S. patent is very strict, patent litigation is usually from the patent novelty and significance of this relatively easy to prove two points to start, very few people with the uncertainty of patent terms. "This is based on our deep understanding of the United States based on patent law, and it is the key to our victory."
"Enhancing strength is the key." Wang Jing Zhong said that mercury-free alkaline manganese battery technology is now very mature, domestic enterprises should be in the new energy batteries such as lithium batteries, etc. to speed up R & D, do the layout and development of intellectual property. It is understood, Changhong Group is currently working on a new generation of digital product development for high-power battery to actively apply for patents. Reporter also learned that quite a few battery companies have to improve their core technology R & D capabilities on the agenda, step by step to innovative projects, the concrete implementation of the work to each quarter, every month.
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