Infringement of Invention Patent for Filter Water Keg

Civil Case

Invention Patent

–Functional Technical Features

[Headnotes]

If the noun used to describe the technical feature of a claim is a non-technical term, which is not structurally defined in the specification except by the function and effect in the invention, the court may conclude that the technical feature is a functional one.

[Synopsis]

First Instance: (2015) HuZhiMinChuZi No. 753

Second Instance: (2017) HuMinZhong No. 146

Appellant (Defendant in original instance): Ningbo Qingqing Environment Protection Electrical Appliances Co,. Ltd. (Ningbo Qingqing)

Appellee (Plaintiff in original instance): Brita GmbH Co,. Ltd. (Brita)

Brita is in the business of research, development and manufacturing of water dispenser products. On April 27, 2005, the company filed an patent application for "Filter Cartridge and Device for Filtering Liquids" which was issued on May 12, 2010. Ningbo Qingqing, however, displayed and offered for sale the allegedly infringing products during the 8th Aquatech China in Shanghai, where it also distributed pamphlets and promotional materials In addition, Ningbo Qingqing was advertising  and selling the infringing products on its website and online store, declaring blatantly that its products were duplicates of Brita's products. Brita brought suit demanding (1) immediate injunction against Ningbo Qingqing for making, selling and offering for sale of the alleged infringing products; (2) destruction of Ningbo Qingqing's production modes for making the infringing products; (3) compensation of one million Yuan and reasonable costs of 300 thousand Yuan.

At first instance, the court found that the "first fixing means" and the "second fixing means" are functional technical features which, by the description of the specification and the accompanying drawings, included the structures of a first inward protruding portion mounted on the filter cylinder, and a second inward protruding portion mounted on the bottom of a receiving chamber. Both portions which were capable of flipping inward might also couple together. inwardly That was, the second inward flipper on the filter cylinder bottom surrounded the first inward flipper on the receiving chamber; and axis of the second flipper went through the first flipper, with the technical effect of defining the correct position of the filter cylinder being inserted into the receiving chamber. The alleged infringing product had on the bottom of the receiving chamber a cylindrical body raised inwardly, on top of which is a circular lip with a notch extended inwardly. At the bottom of its filter cylinder, there was an inwardly raised cylindrical portion, said portion having an axis with a notch extended outward from the top, the cylindering axis having four symmetrical dividing ribs. When the filter cylinder was inserted into the receiving chamber, the two inwardly raised cylindrical portions would partially overlap to have a coupling effect. The axis of the filter cylinder going through the outlet of the receiving chamber, when coupled together, would play the funder and achieve the effect of guiding position and regulating the fluids.

Upon comparison, the elements of the alleged infringing product fall with the protective range of the patent. The court therefore ordered that Ningbo Qingqing cease and desist from infringing activities and pay 400 thousand plus reasonable cost of 100 thousand to Brita. Appealing of Ningbo Qingqing was rejected. The second instance court affirmed the original judgment.

[Typical Significance]

This case is related to patent infringement over functional technical features. The claims and the modes of practice recited in the specification of the patent at issue are complicated. The court clarified the functional technical features of the various modes of practice by the contents of the specification and the various choices of modes of practice. In making the technical comparison, the court made a distinction on the specific details to see whether it was manufacturing defect or the technical design-around, took into account the design and manufacture tolerances, and delivered a fair and reasonable judgment, setting an example for similar cases on technical findings.

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