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Gree and Oaks have been complaining for a long time? The two companies have mutual complaints against patents for inventions

via:CnBeta     time:2019/6/11 1:04:48     readed:222

On the evening of the 10th, Oaks official microblog released "Oxair conditioningRegarding the so-called report letter of Zhuhai Gree Electric Appliance Co., Ltd., "Gree is neither a consumer nor a national regulatory authority. It claims that consumers report problems to our products. It is obviously unreasonable, unreasonable and full of loopholes. Just right. When the peak season of 618 air-conditioning sales came, Gree adopted derogatory means, which was an obvious unfair competition."

澎湃News inquiry China Judgment Paper found that Gree Electric and Oaks Air Conditioning Company had litigation complaints before the report occurred. The two air conditioner manufacturers alleged each other to infringe the invention patent rights, and each had sent the other party to the dock.

However, the verdict shows that Oaks has lost many times. Last year, Oaks lost the first-instance lawsuit and was awarded a compensation of 40 million yuan in economic losses and 6 million yuan in infringement compensation.

奥克斯空调关于珠海格力电器股份有限公司所谓举报信的声明。Aux Air Conditioning's statement on the so-called report letter of Zhuhai Gree Electric Co., Ltd. Weibo @AUX Oaks Air Conditioning

Oaks v. Gree infringes patent rights, Gree's jurisdiction objection

According to a judgment document of the China Judgment Document Network, on October 17, 2018, the Zhejiang Higher People's Court made a civil ruling on the objection to the jurisdiction over the patent disputes against invention patents such as Gree and Oaks.

The ruling stated that in this case, Oaks accused Gree, Mao'an,JingdongThe company implemented the behavior of manufacturing, selling, and promising sales of products infringing its patent rights, and made clear claims for it, and provided preliminary evidence such as sales invoices.

Since then, Gree has objected to the jurisdiction of the court of first instance and appealed to the Zhejiang Higher Court.

Zhejiang Higher People's Court pointed out that the appellant Gree Electric Co., Ltd. and the appellee Oaks, the original defendant, Ningbo Maoan Information Technology Co., Ltd. (hereinafter referred to as Mao'an Company), Beijing Jingdongyi Sixty Degree E-Commerce Co., Ltd. (hereinafter referred to as Jingdong Company) In the case of infringement of patent disputes concerning inventions, he refused to accept the civil ruling of Ningbo Intermediate People's Court (2018) Zhejiang No. 1162, and appealed to the court.

Gree Electric appealed that the alleged infringing product was purchased by Jingan Company from Jingdong Company and then sold to Oaks. Mao'an Company was not actually the seller of the case, and its place of residence was not the place of sale. The court of first instance had no jurisdiction over the case. . Request to revoke the original ruling and transfer the case to the Guangzhou Intellectual Property Court for trial.

However, the Zhejiang High Court believes that Maoan Company is eligible for this case. Because Mao's residence is located in Ningbo City, Zhejiang Province, it belongs to the jurisdiction of the court of first instance. As the court of the residence of Maoan Company, the court has jurisdiction over the case. The ruling ruled against the Gree Electric Appeal and upheld the original ruling.

6月10日,格力电器在官方微博上发布《关于奥克斯空调股份有限公司生产销售不合格空调产品的举报信》。On June 10th, Gree Electric released the "Report Letter on the Production and Sales of Unqualified Air Conditioning Products of Oaks Air Conditioning Co., Ltd." on the official Weibo. Weibo@格力电器

Gree has sued Oaks for infringement, Oaks lost

Just a year ago, Gree Electric also sued Oaks for patent infringement.

In addition, according to a civil order issued by the Guangdong Provincial High Court on April 17, 2017, Gree Electric Appliance sued Ox for manufacturing, using and selling products that infringed on its patent rights for production and business purposes (ZL20122008 × × × .1) and demanded that the infringement be stopped immediately. And claimed 3 million yuan.

The case was passed the civil judgment of the Guangzhou Intellectual Property Court (2015) Guangdong Zhifa Special People's First Word No. 867, and Oaks lost the case.

The court of first instance ruled that Ox stopped production from the date of legal effect of the judgment, and that the patent number of Zhuhai Gree Electric Appliance Co., Ltd was ZL20122008 × × ×. 1, and the name was "Transmission Shaft." The patented products of the utility model of transmission structure and air conditioning indoor unit shall destroy the infringing products in stock and the special mould for the production of the products, and compensate 800000 yuan for the economic loss of Gree electrical appliances within 10 days from the date of the legal effect of the judgment.

However, during the second trial, Oaks submitted to the court the decision of the Patent Reexamination Board of the State Intellectual Property Office on November 3, 2016 to review the invalidation request No. 30406, stating that the patent rights involved were all invalid.

The Guangdong Higher People's Court held that the court of first instance had found out that the facts were clear and the applicable law was correct. However, due to the decision of the Patent Reexamination Board of the State Intellectual Property Office to declare that the patent rights in question were all invalid during the second trial, the lawsuit of Gree Electric Appliances should be dismissed; Guangzhou Intellectual Property Court (2015) Guangdong Zhifa Special People's First Word No. 867 judgment; rejected the lawsuit of Gree Electric.

According to the Beijing Youth Daily, in 2017, Gree Electric also filed a lawsuit against the Guangdong Provincial High Court, referring to Oaks’ new Athena series of air conditioners infringing Gree’s patent rights this year, requesting the court to confirm Oaks’ infringement and awarding compensation of 110 million yuan.

Oaks was awarded a compensation of 46 million for losing the infringement Gree

After this, Gree Electric won the case again in suing Oaks for patent infringement.

According to Xinhuanet reported on December 14, 2018, Gree Electric Appliances v. Oaks infringement patent case was finalized in the Guangdong Higher People's Court. The court ruled that Oaks stopped selling infringing air-conditioning products and compensated Gree Electric for economic losses and reasonable expenses for rights protection totaling 3 million yuan.

According to reports, on April 24, 2018, the Guangzhou Intellectual Property Court made a first-instance judgment on Gree Electric Appliances v. Oaks air-conditioner patent infringement case: Oaks infringed Gree Electric's air-conditioning technology utility model patent, and immediately ordered the sale of eight models of infringing air-conditioning products. And compensation for Gree economic loss of 40 million yuan.

On the same day, the Guangzhou Intellectual Property Court declared that Gree Electric Appliances v. Oaks infringed on two other patent rights cases. The act of manufacturing and selling the accused air conditioner by Oaks was found to be an infringement by the court and was awarded compensation of 6 million yuan.

Xinhuanet reported that afterwards, Oaks refused to accept the appeal and the Guangdong Higher People's Court accepted the case according to law. The final judgment announced that Oaks had completely lost the case in one of the cases infringing Gree Electric. The remaining cases involving an infringement amount of 43 million yuan were still in the lawsuit.

Gree Electric reported that the quality of the Oaks air conditioner was unqualified, and whether it was related to the dispute between the two parties against each other infringing the patent right of the invention, it is not known.

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