Rebirth of the Industrial Tycoon - Vol 2 Chapter 454

Chapter 454 can’t win, let’s withdraw the lawsuit!

Li Weidong brought three boxes of evidence, one more box than Yang Xin had prepared.

The reason for this is that the technology used by Li Weidong is not his own, but purchased by four other engineering factories, and Li Weidong uses it free of charge.

Therefore, in addition to the vouchers provided by the four companies to purchase the technology, Li Weidong also has an agreement with four companies to authorize the use, so there is one more box.

Yang Xin looked at the three boxes on the table with a sudden shock in his heart, and then calmed down again.

“Bluffing, I really thought Yang Xin was frightened, and I can bluff me with a few big boxes.” Yang Xin curled his lips in disdain.

As the top lawyer in the field of intellectual property rights in China, Yang Xin is well-informed. He did not panic because of the three large boxes of evidence. Instead, he felt that Li Weidong was deliberately scaring people.

Yang Xin walked into the room and asked the apprentice to put two boxes of evidence on the table.

The judges of the court have also gone in recent years, took up the form, and prepared to record the evidence exchanged by both parties.

For foreign civil cases, the exchange of evidence is mostly done privately by lawyers, and it is enough to provide a list of evidence to the court.

In domestic civil cases, the exchange of evidence is presided over by the court. The main purpose is to clarify and fix the litigation claims and dispute focus of both parties, and to provide procedural guarantees for the fairness and efficiency of civil litigation.

Professional lawyers were present on both sides, and the judges did not give more introductions. They just explained what should be said, and then officially began the exchange of evidence.

According to regulations, people at that time need to briefly explain the source, object and content of the evidence.

I saw Yang Xin take out a form and said, “This is our list of evidence, please look at the chief judge.”

In the evidence catalog, there are the evidence number, the name of the evidence, the source of the evidence, the page number, and the facts and content of the evidence.

At the same time, the lawyers of Fukang Engineering also handed their evidence catalog to the judges.

The judges looked at the list of evidence submitted by both parties, and then clicked to indicate that the evidence can be exchanged. At the same time, the two parties were asked to count the evidence on the spot. If the evidence is correct, they will sign and seal a document to indicate that they have received the evidence.

Of course, the court will also shed a piece of evidence for filing.

The lawyer next to Li Weidong took the list of evidence from the Komatsu Group. Li Weidong glanced at it by the way, and a smile appeared on his face. The evidence provided by the Komatsu Group was within Li Weidong’s expectation.

Foreigners to fight intellectual property lawsuits are nothing more than taking out a bunch of technical test reports to prove that you have used their technology without their authorization.

On the other side, Yang Xin also took over the list of evidence submitted by Beverly Engineering.

“Technical use authorization letter? Didn’t Beverly Engineering have not obtained the technology authorization of Komatsu Group? Where did the technology use authorization letter come from? Who authorized the technology to them?” Yang Xin was immediately confused.

Yang Xin felt a little bad, he subconsciously picked up a document and looked at the title.

“A license for the use of dual-pump, dual-circuit hydraulic technology? I remember this technology. There is a document of this technology in the documents provided by Komatsu.”

Yang Xin hurriedly opened the authorization letter, but saw the authorized enterprise inside, named Emei Construction Machinery Factory.

“Emei Construction Machinery Factory is a domestic enterprise. This double-pump double-circuit hydraulic technology is authorized by Emei Construction Machinery Factory to Fukang Engineering, and it is a permanent free license!

Permanent free license, doesn’t this mean a free gift? It’s strange that I have been fighting intellectual property lawsuits for so many years, and it was the first time I saw someone giving away technology.

No, Komatsu Group clearly stated that the double-pump and double-circuit hydraulic technology used by Fukang Engineering belongs to their Komatsu Group. How come another Emei Engineering Machinery Plant has emerged?

Is this Emei Engineering Machinery Factory the real infringement? In this case, Emei Construction Machinery Factory will be listed as the first defendant, and Fukang Engineering will be listed as the second defendant. The entire prosecution process has to be walked through, which is so troublesome! ”

Yang Xin continued to look through the evidence with doubts in his head, and then Yang Xin saw a copy of the technology transfer contract.

There are two copies of this technology transfer contract, one in Chinese and the other in Japanese.

Yang Xin couldn’t understand Japanese, so he just looked at the Chinese contract.

The main content of the contract is that Japan’s Chiba Otsuka Hydraulic Manufacturing Co., Ltd. sold the dual-pump dual-circuit technology to China’s Emei Construction Machinery Plant.

“The technology of the Emei Project was also bought. I understand that it is the Chiba Otsuka Hydraulics that sold the dual-pump and dual-circuit hydraulic technology to the Emei Engineering, and the Emei Engineering licensed this technology to the Beverly Engineering!

So this piece of evidence can prove that the dual-pump dual-circuit hydraulic technology used by Beverly Engineering comes from Chiba Otsuka Hydraulics, not Komatsu Group. ”

Yang Xin instantly understood that this is a complete chain of evidence.

“The Beverly Project dares to take these contracts to court as evidence. The contract will definitely not be false. Falsified evidence is a crime and a sentence. The Beverly Project has professional lawyers who are certainly not stupid enough to use fake evidence to deceive me.

If the evidence of the Beverly Project is true, it is that the Komatsu Group made a mistake. The double-pump double-circuit hydraulic technology used by the Beverly excavator is not owned by the Komatsu Group at all, but by the Chiba Otsuka Hydraulics! ”

Thinking of this, Yang Xin was very depressed. He had prepared very well for this lawsuit, but he did not expect that the evidence provided by the client was wrong.

For lawyers, the client is the worst thing except for the problem.

For example, some clients did not tell the truth to the lawyer at all, or concealed things they knew, or deliberately gave the lawyer some misleading false evidence, which would affect the lawyer’s work in the eyes.

Fearing a lawsuit is not afraid of opponents like gods, but teammates like pigs.

“I hope only this one piece of evidence is problematic.” Yang Xin comforted himself, and then picked up the next document.

“Rolling bearing technology use authorization letter? I remember this is a core technology in the excavator slewing device! This is also in the evidence provided to me by the Komatsu Group.

The authorized party is the Mongolian Mining Engineering Machinery Factory, and it is also an indefinite free license. There is also a technology procurement contract at the back, which is purchased from Japan’s Nichiyo Seiko Co., Ltd.!

Mechanical transmission control machine technology use authorization, the authorized party is Hengshan Construction Machinery Factory, this technology is purchased from Japan Yokohama Power Co., Ltd.!

Single boom cylinder technology use authorization letter, the authorized party is Yunji Engineering Machinery Factory, this technology is purchased from Fukushima Oil Pump Manufacturing, Japan!

Push rack technology use authorization letter, the authorized party is Hengshan Construction Machinery Factory…

Luffing reel technology use authorization letter, the authorized party is Emei Engineering Machinery Factory…

Hydraulic control valve use authorization letter, the authorized party is Mongolian Mining Engineering Machinery Factory…”

Yang Xin looked at more than a dozen contracts and found that each one was a technical authorization, and they were all indefinitely and free of charge, which was equivalent to giving away the technology to Fukang Engineering for use.

The key point is that these technologies all come from Japanese companies, all of which are purchased from Japanese companies by Hengshan Engineering, Mongolia Mining Engineering, Emei Engineering and Yunji Engineering.

“It seems that the evidence provided by the Komatsu Group is all problematic! The technology used by the Beverly Project does not originate from the Komatsu Group.”

Yang Xin immediately shook his head: “This is impossible. Komatsu Group is a large international company. It is understandable that one or two mistakes occasionally occur, but all the evidence is wrong. How can this be possible?

The engineers of Komatsu Group are not blind! Don’t they even recognize their own technology? If Beverly Engineering did not use Komatsu Group’s technology, why would they find me to file a lawsuit?

I understand, this is the trick of the Beverly Engineering Project. He temporarily found a domestic colleague and signed some technical authorization documents, pretending that he was using these authorized technologies, but in fact they used Komatsu’s technology!

Beverly Project, you don’t want to inquire, how many intellectual property lawsuits Yang Xin has won! Play this trick with me, you are still too tender. I will expose your tricks now. ”

So Yang Xin said, “I saw that the evidence submitted by the defendant included a lot of technology use authorizations and technology transfer certificates. I also know that the defendant presented these evidences to prove that Beverly Engineering did not use Komatsu, my client. Group’s technology.

But the technology use authorization letter and technology transfer certificate you provided can only prove that your use of these authorized technologies is legal, but it does not prove that your excavators use the above technologies, let alone prove that you do not Infringement of the intellectual property rights of the Komatsu Group!

Therefore, we believe that the evidence provided by the defendant has nothing to do with our litigation request and the focus of the dispute in this case. It is invalid evidence. The defendant’s submission of these so-called evidence is a waste of precious time. I hope the court will not accept it. These evidences. ”

The purpose of evidence exchange was originally to clarify and stipulate the litigation claims and fixed focus of both parties, so the evidence provided by both parties must have three elements: truthfulness, legality, and relevance to the case.

Yang Xin directly pointed out that these evidences have no relevance to this case, and hope that the court will not accept it. This is also a requirement for compliance.

The judges looked at the representative lawyer of Fukang Engineering, hoping to get answers from him.

The representative lawyer of Beverly Engineering said immediately; “The plaintiff represents the lawyer, it seems that you do not know that the excavator technology authorized by my client is the same as the technology mastered by the Komatsu Group.

For example, this double-pump double-circuit hydraulic pressure. Your Komatsu Group does have this technology, but Chiba Otsuka Hydraulics Manufacturing also has the same technology. If you buy this technology from Otsuka Hydraulics Manufacturing Co., it’s not illegal, right?

The same is true for other technologies. Not only the Komatsu Group masters these technologies, other Japanese companies also have the same technology, but only the Komatsu Group produces excavators, while other companies produce other products.

We legally purchased the same technology from other companies, and then applied these technologies to the production of excavators like the Komatsu Group. Can this be regarded as an infringement of the intellectual property rights of Komatsu excavators?

It’s like you buy pots for stewing soup, and other people buy pots for cooking, but this does not mean that everyone who buys pots, only you can cook the soup, everyone else has to cook! You can’t say that other people’s stewing soup is offensive to you. Is that true? ”

“Other Japanese companies have mastered the same technology? There are such things!” Yang Xin was surprised.

“In the field of machinery manufacturing, there is basically no exclusive technology, because many technologies are originally universal, and it is not uncommon for multiple companies in different fields to master the same technology.”

The answer was Li Weidong this time. He went on to say, “Don’t talk about other things, such as the engine of construction machinery. The same engine can be used for excavators, loaders, bulldozers, and road rollers.

Lawyer Yang, if you don’t believe it, you can take the evidence we provide and go to Komatsu Group to check. Komatsu Group is a Japanese company. It shouldn’t be difficult to verify this information! ”

Hearing this, Yang Xin’s face turned pale. He knew that if what the Fukang Project said was true, then this lawsuit would not be won at all!

However, judging from Li Weidong’s confident appearance, it seems that everything he said is true!

…

Shota Sakamoto was holding the phone and talking with the Japanese headquarters.

“Chiba’s Otsuka Hydraulics, their dual-pump, dual-circuit hydraulic technology is the same as ours. They are all products of Fujii Machinery Research Institute? Otsuka Hydraulics is also a long-term sponsor of Fujii Machinery Research Institute, so they also get the same from there. Technology?

We Komatsu Group and Yokohama Power have always cooperated. Were the mechanical actuators used in the traditional system of our PC100 excavators developed by Yokohama?

The rolling bearing used in the PC100 excavator was developed by Riyo Seiko to help us? I heard that Riyang Seiko has sold this technology to more than a dozen companies?

The boom cylinder was developed by Komatsu, and later sold to Fukushima oil pump? Why should we sell our technology to Guiding Oil Pump? What? In order to recover R&D costs! ”

After putting down the phone, Sakamoto showed a frustrated expression. He suddenly discovered that all the technology in Komatsu excavators can be bought from other Japanese companies.

In other words, Li Weidong obtained the Komatsu Group’s same technology from other Japanese companies and did not infringe on the Komatsu Group’s intellectual property rights.

Is there such cutting-edge technology in the excavator? It is normal for companies to sell to each other.

After all, foreign technology research and development is mainly based on corporate leadership and investment. In this case, we must reap as much return as possible. If we do not buy and sell, how can we get the return!

When Shota Sakamoto was depressed, the secretary came in to report and the lawyer Yang Xin came.

Yang Xin came to Sakamoto Shota’s office and the first thing was to ask if the Japanese side had verified the source of these technologies. When he saw Shota Sakamoto’s bitter expression, he already knew the answer.

I only heard Shota Sakamoto say; “If an excavator is disassembled into individual working parts, these working parts can indeed be used on other machinery, which means that there is indeed a common point in technology.

But I did not expect that the Beverly Project was so cunning. It bought these technologies from different companies, then integrated them and assembled them, and finally made the same excavator as our PC100. ”

Yang Xin shook his head helplessly: “In this case, the Beverly Project does not constitute an infringement of the intellectual property rights of the Komatsu Group, because these technologies are not unique to the Komatsu Group. The Beverly Factory obtains technologies legally from other Japanese companies. We can’t win this lawsuit against infringement.”

“No, the FK501 excavator from Beverly Engineering must have copied our PC100.” Sakamoto said categorically.

“But we have no evidence!” Yang Xin replied.

“I have evidence! The companies that authorized the use of Fukang engineering technology this time are Hengshan Engineering, Mongolian Mine Engineering, Emei Engineering and Yunji Engineering.

Originally, these four companies planned to jointly introduce our PC100 excavator. They have already negotiated several times and the price is almost reached, but they suddenly gave up the introduction!

I guess they must have successfully imitated the PC100 excavator, so they stopped the negotiation. “Sakamoto Shota said.

Yang Xin shook his head: “This is not evidence, because there is no way to prove the infringement of the Fukang Project. Even if your speculation is correct, the four companies you mentioned legally purchased the technology and then legally. The license was granted to Fukang Engineering, and there was no infringement of intellectual property rights during the whole process.”

“I still have, mechanical parameters are the evidence!” Sakamoto continued: “Beverly FK501 excavator, the parameters set for each part are exactly the same as our PC100, which is enough to prove that Beverly Engineering has copied our products! We have test reports.”

“What are the parts setting parameters you mentioned?” Yang Xin asked.

“That’s too much, such as hydraulic pressure, such as engine speed adjustment, such as fuel tank injection speed, there are more than a dozen items!” Sakamoto said.

Yang Xin frowned and thought for a long time, then shook his head again: “This is useless. The working state of machinery and equipment does not belong to the scope of intellectual property rights.

Let me give a simple example. It is like a car. Some cars will idle faster and some cars will idle slower. This depends entirely on the adjustment of auto parts.

If Toyota’s car and Honda’s idle speed adjustment are exactly the same, will they sue the other party for infringement of intellectual property rights? Obviously it is impossible.

Moreover, many machinery and equipment need to be adjusted to a certain parameter in order to maintain the best working condition. In this case, all enterprises will use the same parameter.

So just adjusting the parameters of parts and components, it cannot be used as evidence to sue Fukang Engineering for infringement of intellectual property rights. No court in the world will accept this kind of evidence. ”

“Then we can’t help it?” Sakamoto Shota asked.

Yang Xin shook his head very honestly: “There is no way. We can’t win this lawsuit. Mr. Sakamoto, as your lawyer, I would like to make suggestions to you. In order to avoid more losses, you should withdraw the lawsuit! ”

“Withdraw the lawsuit? Didn’t that mean that you didn’t get any benefits?” Sakamoto said with a look of unwillingness.

“Not only is there no benefit, we may have to apologize to Fukang Engineering and compensate them for their losses.” Yang Xin said helplessly.

“Why!” Sakamoto was very unconvinced.

“Don’t say anything else, at least the lawyers of Beverly Engineering, I’m afraid we will have to pay for it!” Yang Xin went on to explain: “In intellectual property litigation, it is normal for the losing party to pay the attorney fees of the winning party!”

“The lawsuit didn’t mean that I didn’t get a penny of compensation, so I still have to pay him?” Sakamoto’s appearance became more and more frustrated.

Seeing Sakamoto Shota’s appearance, Yang Xin felt a little dark and cool.

“The little Japan can’t steal the chicken, it deserves it!”

is updated today, thank you parents for subscribing, thank you for your monthly pass! The last chapter accidentally mistaken the lawyer’s surname. If you write it smoothly, let’s not change it. Anyway, you also know who is who.

(End of this chapter)