Case No. (2008) Xi Min Si Chu Zi No. 372

On February 26, 2009, the Xi’an Intermediate People’s Court concluded the trial of a patent infringement case. The plaintiff Sun Junyi filed a lawsuit against Hong Zhizhong from Nanguang Valve Factory in Yingdu Town, Nan’an City, Fujian Province, as well as Hong Weihuang and Hong Shiding from Hot‑water Heating Valve Supply Station in Xi’an City, Shaanxi Province. The defendants manufactured and sold “Dingguang‑brand” stainless‑steel exhaust valves that infringed the plaintiff’s patent No. ZL99257124.3.

Upon court investigation and hearing, the court rendered the following judgments:

1. The court orders defendants Hong Zhizhong, Hong Weihuang and Hong Shiding to cease manufacturing and selling products infringing the utility‑model patent “Exhaust Valve Seat” (Patent No. ZL99257124.3) owned by Sun Junyi.
2. Defendant Hong Zhizhong shall compensate the plaintiff Sun Junyi for economic losses of RMB 50,000 within 10 days after the judgment takes effect.
3. Defendants Hong Weihuang and Hong Shiding shall compensate the plaintiff Sun Junyi for economic losses of RMB 5,000.

If Hong Zhizhong, Hong Weihuang and Hong Shiding fail to perform the monetary payment obligation within the time limit specified in the judgment, they shall pay double interest on the debt for the period of delay in accordance with Article 229 of the Civil Procedure Law of the People’s Republic of China.

The case‑handling fee amounts to RMB 6,800. Sun Junyi shall bear RMB 2,320; Hong Zhizhong shall bear RMB 3,930; Hong Weihuang and Hong Shiding shall jointly bear RMB 550.

The infringing product, the “Dingguang‑brand” stainless‑steel exhaust valve, emerged on the market at the end of 2006. Its packaging falsely marked the manufacturer as “Fujian Huaying Valve Factory”, while the actual producer was Hong Zhizhong of Fujian Nanguang Valve Factory. The product was made in a private family workshop, and Hong Zhizhong misappropriated the factory name and address of another enterprise.

To safeguard patent rights and effectively crack down on malicious patent infringement and illegal competition, the plaintiff brought the case before the court against the defendants’ unlawful acts. The illegal manufacture and sale of patent‑infringing products and unfair competition were sanctioned by law. Relevant parties shall be held liable for civil liability as well as criminal liability in accordance with the law.

To curb the arrogance of counterfeit producers and sellers, our company hereby issues a solemn announcement: Anyone who discovers the sale of “Dingguang‑brand” exhaust valves or any act infringing Sun Junyi’s personal patent is welcome to report to us. Rewards ranging from RMB 200 to RMB 5,000 will be granted to valid informants based on specific circumstances.

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