On November 8, 2017, Taiwan Baihong industrial co., LTD litigation Xuyu photoelectric (shenzhen) co., LTD. "high heat emitting diode device" invention patent infringement, the Shenzhen intermediate people's court trial, the first-instance judgment to dismiss all the claims the plaintiff Baihong industrial co. LTD., and assume the case acceptance fee.

This time, Xuyu Optoelectronics (Shenzhen) Co., Ltd. entrusted Zhongyi intellectual property to act as the agent of patent infringement lawsuit and won the first instance.Next, Zhongyi intellectual property will continue to represent Xuyu in the "counterclaim" case involving the invalid invention patent.If the patent for the invention of the "high heat emitting diode device" is invalidated, Baihong will lose this weapon which was originally used as a counterweight to other LED manufacturers.

The court dismissed all of Baihong's claims

According to the description in the judgment, Baihong believes That Xuyu started using "high thermal emitting diode devices" technology in its products in 2015 and sold them in the Huaqiangbei and Zhongshan markets in Shenzhen.On March 2, 2017, Baihong filed a lawsuit with the Shenzhen Intermediate People's Court for Xuyu's infringement of its invention patent.

"I founded the company in 2010 and joined the New Third Board the year before last. In the past two years, I have been continuously investing in RESEARCH and development, improving intellectual property rights and buying more equipment, but suddenly I became a defendant."Lin Jinshen, asahi's chairman, was surprised to receive a court summons.

Subsequently, Xuyu organized technical experts and a patent lawyer to discuss and analyze the case, and analyzed the supplier's stent production process.The results show that the invention patent of Baihong is completely different from the product of Xuyu, and Xuyu does not use the patented technology of Baihong, but uses the original invention patent technology of Xuyu -- the invention patent number is CN201510187764.0.

Screenshot of the verdict of Shenzhen Intermediate People's Court

"Case in case" Xuyu "counterclaim" Baihong patent invalid

In 2006, Baihong applied for the invention patent of "High-heat Emitting diode device", which was authorized in 2010. The patent number was ZL200610151576.3.In the process of dealing with the lawsuit, the retrieval and analysis of the patent involved found that the patent might not be creative.That said, the stability of the patent used to Sue Xuyu and other LED manufacturers remains to be seen.

During the litigation preparation period of up to 8 months, many suppliers and friends have discussed the situation and discussed the countermeasures with Xuyu's chairman Lin Jintian in various ways after learning of the case. Lin finally made a decision: he will apply to the Patent Reexamination Board of the State Intellectual Property Office to invalidate Baihong's patent.

The State Intellectual Property Office accepted the case of invalidation of the invention patent

The invalidation action will continue to be represented by The Intellectual property Office of China, and has been accepted by the Patent Reexamination Board of the State Intellectual Property Office of China.Zhao Fei, secretary general of Shenzhen Lighting & Display Engineering Association, said the association will fully support its members to protect their intellectual property rights and interests.Individual firms use so-called "core patents" to force others to buy their products.At present, domestic enterprises in the industry are increasingly aware of intellectual property protection, and their independent innovation ability is constantly improving, and they dare to say "no".(Source: Integrated from daily LED Headline).