The Supreme Court of Intellectual Property Started the First Circuit Trial

The reporter learned from the Supreme People's Court that the Supreme Court of Intellectual Property of the Supreme Law launched its first circuit trial in the Third Circuit Court of the Supreme Law in Nanjing, Jiangsu Province, on 23rd. It opened a public hearing on a series of five cases of patent infringement disputes between the appellant Wang Yici and the appellant Xuzhou Pengcheng Water Pump Factory. The circuit trial meets the needs and expectations of the masses in facilitating litigation and is a system innovation and practice innovation of judicial serving the people.

It is reported that the series of cases involving the invention patent of "small electric submersible pump with motor shell as welded parts". The product is heavy and inconvenient in transportation. Especially in the tort comparison and the existing technology defense comparison, it is necessary to disassemble the submersible pump products. The disassembly steps and the comparison after disassembly are more professional. The remote video trial cannot meet the needs of fact finding in this case. The six parties in this series of cases are all in Jiangsu. The choice of conducting circuit trials in Nanjing can effectively reduce the burden of litigants. At the same time, the case involves many difficulties in fact determination and legal application, including the determination of the time point and technical scheme of the existing technology, the combination of two existing technical schemes to determine the legal application of the existing technology defense, as well as the standard deviation between the civil identification of patent infringement and the administrative identification of patent invalidity. There is strong typicality in different problems. For these reasons, the collegial panel decided to conduct circuit trials.

In the court, the appellant and the appellant cross-examined and debated around a number of controversial points. The trial lasted more than two hours, and the collegial panel announced that it would select a date to announce the pronounce judgment.

More than 80 participants, media reporters, judges of Jiangsu courts and representatives of teachers and students from Nanjing University, Hehai University and Nanjing University of Technology attended the trial, which was broadcast live through the Internet. After the trial, the collegial bench judges and the person in charge of the intellectual property court litigation Service Center explained the establishment and functions of the Supreme Law Intellectual Property Court to the college students who attended the case, and conducted interactive questions and answers.

September 16, 2019

Source: Xinhua News Agency

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