See (2008) Xi Min Si Chu Zi NO. 372
Xi’an City Intermediate People’s Court had finished judging the case that complaint SunJunyi litigated defendants HongZhizhong who worked at Nanguang Valve Factory in Yingdu Town, Nan’an City, Fujian Province, HongWeihuang and HongShiding who worked at Hot-water Heating Valve Supply Station, Xi’an City, Shannxi Province on February, 26th, 2009. Because they produced and sold“Dingguang Brand” Stainless Steel Exhaust Valve and infringed complaint’s Patent ZL99257124.3.
The court inquiry and hear the case, judgments as follows:
1．The court sentenced defendants HongZhizhong, HongWeihuang and HongShiding to stop producing and selling products that infringed complaint SunJunyi Patent ZL99257124.3, “Exhaust Valve Seat”Utility Model Patent.
2. Defendant HongZhizhong compensated complaint SunYijun’s loss with 50,000 yuan within 10 days after the judgment.
3. Defendants HongWeihuang and HongShiding compensated complaint SunYijun’s loss with 5,000 yuan.
If HongZhizhong, HongWeihuang and HongShiding failed to make money payments within the period designated by the judgment, interest on the debt for the delayed period should be doubled according to stipulation of Article 229, The Civil Procedure Law of the People’s Republic of China.
The fees of hearing a case cost 6,800 yuan. They were undertaken by SunYijun 2,320 yuan, HongZhizhong 3,930 yuan, HongWeihuang and Hongshiding 550 yuan.
The infringement product “Dingguang Brand” Stainless Steel Exhaust Valve that appeared in the market at the end of 2006 was another kind of infringement product. The product marked a producing factory “Fujian Huaying Valve Factory”on the surface of packing. But real producer was HongZhizhong who worked at Fujian Nanguang Valve Factory. The product was produced by personal family and HongZhizhong embezzled factory names and factory addresses of other factories.
Complaint protected patents against infringing and stroke malicious infringement that infringed complaint’s patents effectively and had competitive acts unlawfully. Complaint took an appeal to the court because of defendant’s illegal activities. Complaint gave a serious setback that produced and sold infringement complaint’s patents maliciously and had competitive acts unlawfully by law. He looked into criminal with civil matters responsibility according to law.
In order to strike people that produced , sold and infringed monopolists’s arrogance effectively, our company declared solemnly: If someone discovers selling “Dingguang Brand”Exhaust Valve and infringes SunJunyi personal patent behavior, please report to us. Our company will reward informant 200-5,000 yuan, depending on the occasion.
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