Rebirth 2008: I Can Make Money Reading Chapter 197

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

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

He took the subpoena handed by Mr. Zhang and looked at it, and there was eucalyptus written on it.

After a while, he probably figured it out.

The plaintiff, IGP Imperial Capital Branch, sued H City Xinghai Group Co., Ltd., believing 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, caused market confusion and violated good faith.

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

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

Zhang Xiaofeng thought the chairman was very anxious, but he chuckled and said, "If something else is maliciously accused, I'm still a little worried.

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

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

This **** foreigner knows that we won't buy their lasers again, so he just rips his face, doesn't want to coordinate with us, and sue the court with a piece of paper for 618 million yuan! "

"It's really like we are a dish!"

"Fuck!"

The amount of compensation for loss is not a casual claim. For example, in this patent infringement, the actual economic loss suffered by the patentee due to the infringement will be used as the compensation amount. IGP believes that Xinghai Group has sold 5,000 lasers that have not been used by their company. This part It seeks compensation of 230 million yuan.

As for the loss of product brand reputation, there is also 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.

In addition to other losses, Xinghai Group Co., Ltd. is required to compensate 618 million yuan.

Xinghai Group really wants to be accused of losing, and the profits it made before will 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, he said to Zhang Xiaofeng, "You can ask Mr. Zhou, Mr. Yang, and the people from the Legal Department to come over. "

Zhang Xiaofeng nodded and called directly to notify.

After a few minutes,

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

Mu Yang explained the situation to everyone, and at the same time showed everyone the court summons to ask everyone's opinions.

Yang Hai was the most angry after reading it, and directly scolded: "Damn IGP, we don't buy their lasers, we just use this trick. The lasers we developed ourselves didn't copy them."

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

After speaking, I asked Luo Xiang from the legal department how much the IGP wanted to fight this lawsuit. The lawsuit is not so casual, and they are very sure about it.

Lawyer Luo of the group calculated in his heart and said: "If the compensation is based on 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 would be too big."

Generally, for this kind of eucalyptus, the litigation fee is divided into eucalyptus 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 will not be refunded if the plaintiff intends to suspend the case.

Out-of-court settlements are generally handled by the plaintiff withdrew the lawsuit, in which case the litigation fee needs to be halved.

For litigation cases that are mediated before the court establishes the case, the court does not charge litigation fees, but if the court needs to issue legal documents, it will charge half of the litigation fees;

If the case is settled through mediation after the court has filed a case, the court will halve the litigation fee.

At present, IGP has no intention of coordinating out of court, and just wants to kill Xinghai Company, so it directly applied for a case, and now the court has accepted the case.

According to Article 122 of the Civil Procedure Law, the parties may refuse to mediate and directly submit the indictment and relevant evidence.

That is to say, the data lake obtained by the IGP has obtained the judge.

Intellectual property rights are inherently ambiguous and difficult to distinguish, and it is difficult to understand if not the inventor.

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

If you don't have money to fight an official, you can't fight it, and if you counterclaim, you can't fight without money.

Although you can apply for legal aid in some lawsuits, most of them can't afford to play without money or time. After all, the litigation cycle is very long.

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

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

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

In fact, Muyang has just received the domestic and foreign invention patent announcement numbers of the laser, and he is not worried that the lawsuit will fail.

Mu Yang asked about the intellectual property lawsuit. In fact, he has never filed a lawsuit.

Luo Xiang said that intellectual property cases do not belong to exclusive jurisdiction, and exclusive jurisdiction refers to the classification of a certain type of court.

According to Article 2, paragraph 1, of the "Several Provisions of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Patent Disputes", the first instance of patent disputes shall be handled by the intermediate people's court and the Supreme People's Court where the people's government of each province, autonomous region and municipality directly under the Central Government is located. Administered by the intermediate people's court designated by the people's court.

After Mu Yang learned 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 the IGP, we have not slandered us, and we have no evidence, so we won't win."

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

Besides, we didn't infringe any infringement. It is estimated that these foreigners did not buy our machines for dismantling and analysis, or 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 few similarities, and he has avoided the protection scope of IGP laser patents.

But if the other party wants to blackmail him, he should also disgust the other party.

Then he asked IGP to compensate the loss of 100 million yuan. With such a large size of Xinghai Group, the amount of compensation for the loss is very easy to calculate.

Mu Yang means: I just want to sue you, I never thought of winning you at this point, just disgusting you.

In short, the momentum can not be weak.

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

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

"Chairman ~www.mtlnovel.com~ Yes, you may lose, but you will lose hundreds of thousands of yuan in litigation fees. You can accept it. As long as we can win the intellectual patent infringement case, it will be fine."

"Well, that's good." Mu Yang said, "It's not decades ago. 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, and don't capsize in the gutter."

Mu Yang agreed: "Mr. Zhou is right, in response to this lawsuit, a counterattack team is now officially established, with Lawyer Luo from the Legal Department as the team leader, and other departments assist Lawyer Luo in collecting relevant evidence, so that the work should not be affected.

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

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