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It is understood that the patentee Zhengzhou Chunquan HVAC Energy Saving Equipment Co., Ltd. (hereinafter referred to as Spring HVAC) is a high-tech enterprise mainly engaged in production, R&D, and sales of HVAC energy-saving technologies.
At the beginning of 2012, Chunquan HVAC was invited to participate in the tender meeting of Leikai Real Estate. At this time, Chunquan HVAC found that the HL-TM04 fan coil timer technology and its patent for invention produced by Beijing Hailin Automatic Control Equipment Co., Ltd. participated in the bidding. The technical features of the multi-speed motor gear recognition method and device based on voltage mutual inductance technology are the same or equivalent. In June, Chunquan HVAC confirmed that Leikai Real Estate purchased and used the “Hailin†HL-TM04 fan coil timer produced by Hailin, and Chunquan HVAC reported to the Anyang Intellectual Property Office.
On August 29, 2013, Anyang Intellectual Property Office conducted an oral hearing on the case. The requester Chunquan HVAC stated that the core technology of the "Multi-speed motor gear identification method and device based on voltage mutual inductance technology" of the company's leading product "equivalent air-conditioning meter" applied for an invention patent in November 2008, 2010 Years of authorization. By comparing the technical characteristics of "Hailin Brand" similar products purchased by Leikai Real Estate, it is believed that its products fall into the scope of company patent protection and constitute infringement, requiring Leikai Real Estate to stop using and installing infringing products.
The trial of the Intellectual Property Office of Anyang City found that all the technical features of the involved product used by the claimant and the independent claim 2 of the patent involved were the same or equivalent features, and fell within the protection scope of the patentee of the claimant, constituting a patent infringement; Beijing Hailin The invention patent of Automatic Control Equipment Co., Ltd. applied for in 2010 was later than Hunchun HVAC and did not affect the identification of infringement facts. According to the relevant laws and regulations, it was required that Leikai Real Estate immediately stop using it. The act of infringing upon the requester's Spring HVAC product for the invention of a patent.
Tian Xiaowu, deputy director of Beijing Dacheng Law Firm, pointed out that in this case, the claimant did not directly manufacture infringing products, but the purchase and use of infringing products was also a tort. The case also reminds the purchaser that when purchasing equipment, especially valuable equipment, it should carry out relevant patent legal status searches to avoid causing economic losses.
At present, the processing result has taken effect.
"The equivalent air-conditioning watch" invention patent dispute case has fruit
(Reporter Li Jianwei, Henan Report) A few days ago, the Intellectual Property Office of Anyang, Henan Province, verbally tried a patent infringement case and the requested person, Henan Leikai Real Estate Co., Ltd. (hereinafter referred to as Leikai Real Estate), was asked to stop using Beijing immediately. Hailin Automatic Control Equipment Co., Ltd. produced HL-TM04 fan coil timer.