A Million Compensation Incurred by Dishwasher Patent Infringement

Recently, the Higher People’s Court of Guangdong Province (hereinafter referred to as the Guangdong High Court) made a second instance judgment on the utility model patent dispute between the appellant Foshan Best Electric Technology Co., Ltd. (the original defendant, hereinafter referred to as Best Electrical Appliances) and the appellee Foshan Shunde Midea Washing Appliance Manufacturing Co., Ltd. (the original plaintiff, hereinafter referred to as Midea Electrical Appliances).

After hearing the case, Guangzhou Intellectual Property Court held two hearings on June 28 and September 25, 2018.

The Guangzhou Intellectual Property Court held that the focus of the dispute was whether the alleged infringing product fell within the scope of protection of the plaintiff’s patent right; whether the defendant’s prior art defense opinion was valid; whether the defendant’s acts constituted infringement.

Guangzhou Intellectual Property Court determined, in the light of the facts of the case and the evidence submitted by the parties, that Best Electrical Appliances should compensate Midea Electrical Appliances of economic losses and others totaling 1 million Yuan.

Best Electrical Appliances refused to accept the first instance decision and appealed to the Guangdong High Court.

The Guangdong High Court recently issued a judgment that products such as “Huadi” dishwasher produced by Best Electrical Appliances infringed the utility model patent right of the  “heating rod and dishwasher for dishwasher” owned by Midea Electrical Appliances (patent No. ZL201420204325.7). Best Electrical Appliances should compensate Midea Electrical Appliances for economic losses and others totaling 1 million Yuan. The court rejected Best Electrical Appliances’ appeal and maintained the first instance judgment made by Guangzhou Intellectual Property Court.

October 23, 2019

Source: epaper.iprchn.com

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