What's wrong with this lawyer?!

This has become a deadlock, which is also a reason for the difficulty in protecting intellectual property rights.

"We used a lot of methods, including using drones to shoot their factory area, and finally found suitable evidence to hire Zhiteng Law Firm's Director Zhang Zhixin in the capital to file a lawsuit."

Zhiteng's Zhang Zhixin, a big name in the field of intellectual property, specializes in intellectual property litigation. In this aspect, Lawyer Tang admits that he certainly cannot outperform him.

He has some talents, but in a specialized field, no matter how photographic his memory is, he still needs time and case accumulation.

Just because he can remember things doesn't mean he can handle cases. Experience is extremely important for a lawyer.

So after hearing this, Lawyer Tang was a bit surprised and said: "Did you lose?"

If they had won, they probably wouldn't be looking for him now.

Huang Zhizhong nodded with a bitter smile and said: "You can't say we lost. After we filed the lawsuit, we requested the court to conduct an on-site inspection on the other party's production technology ex officio."

"At that time, the other party obstructed the court's investigation in every possible way, even fiercely resisting. Director Tang, you have no idea how formidable this company is. When the court personnel went for on-site inspection, the company organized security guards to block and obstruct, dispatched vehicles to block roads, and used many ways to obstruct the inspection..."

Old Tang became interested after hearing this: "What was their reason for obstructing? Which court did you file the lawsuit with at the time?"

"They claimed it could disclose their trade secrets." Huang Zhizhong shook his head and said: "At that time, we filed the lawsuit in the Jingzhou Intermediate Court."

Old Tang immediately understood; this is not a simple patent dispute.

On one side is a well-known production enterprise in Jingzhou City, Handong Province; on the other is a listed state-owned enterprise from Tangfang City, Hanbei Province, with startling annual profits.

In such a situation, Tengfei Company still filed a lawsuit in the Jingzhou Intermediate Court...

Although it's now said there's no regional protection, in fact, if a local company does well, it brings substantial benefits to the locale.

This is an undeniable fact!

Many times, there are barriers between provinces; people have heard of cross-province issues, but not cross-city, because the administrative unit at the provincial level is very special.

This also explains why that company could directly resist the court's investigation.

After all, consider this: a company in Jingzhou sues in the Jingzhou Court, and then the Jingzhou Court personnel come over to Tangfang City for on-site inspection to fix evidence, then the opposite party would also think there's an issue.

So, most likely, even calling the police in that situation wouldn't work...

Old Tang then said: "And what happened later?"

"Later, the Jingzhou Intermediate Court issued a fine, fined them eight hundred thousand, but they appealed to the Provincial High Court, which upheld the original judgment."

"For some unknown reason afterward, they suddenly cooperated, allowing court personnel to conduct the actual inspection and even submitted some drawings to prove that they hadn't infringed on our patent rights."

"But those drawings were all ordinary printouts, without any signatory from an examiner, they seemed made for litigation, so finally, the court considered there was partial infringement."

"However, they also said our evidence could not prove our specific losses, so they awarded compensation of 20 million yuan at their discretion."

"But Director Tang, this amount is too low compared to the profits they gained from this patent!"

Old Tang was noncommittal and asked again: "You appealed back then, didn't you?"

"We did appeal, and they appealed too; the Provincial High Court upheld the original ruling. Later, the money was also executed, but Director Tang, they've made it clear that they're this bold, earning billions, and only having to compensate a little over years doesn't matter to them at all."

"These are our dual trial judgments..."

Old Tang took it and began to read. This litigation matter happened three years ago.

While reading, Old Tang remarked: "So, what you mean is you want to start a retrial, right? This is quite difficult; the key evidence is still insufficient now."

The previous judgment felt somewhat like muddling through.

Reason-wise, it seems fine, partial infringement, and the infringed party couldn't prove how much loss they suffered due to this infringement. After all, market share is something, you indeed have difficulty in proving.

Considering the situation at that time, the Intermediate Court's making this decision was indeed normal,

although "Patent Law" Article 56 stipulates:

The amount of compensation for patent infringement shall be determined according to the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, it may be determined according to the gain the infringer obtained from the infringement.

But you need to note, it says "may" and not "must," in legal terms, "may" means the court can do so, but it doesn't mean it must do so.

Thus, this is the space for a judge's discretion.

In front of him, Huang Zhongyi said helplessly: "Lawyer Tang, I know this is difficult, but now there's really no way. Do you know that this year their company announced on their website that they're launching a second phase of the production line!"

"The scale of their first-phase production line was five tons, and the second phase's scale is ten tons now. Our company was already struggling, and if they build the second phase, it'll be even harder for us to manage."

"Recently, I sent them a lawyer's letter asking them to stop the infringement."

"Do you know what they said? They stated that it was normal commercial action, and if we are dissatisfied, we could sue however we like!"

What? Old Tang sat up, suddenly disconcerted upon hearing this, recalling it's been a while since he heard this statement.

At the same time, the system over there has also already shown the corresponding task.