The case on Intellectual Property Rights finally ends with Hongyuan’s victory over Osram after 6 years’ battle
Date: 2011-11-01 09:57:48 Hits: 311
On Oct., 24th, 2011, The Higher People's Court of Beijing released news: The 6-year long lawsuit on intellectual property rights between Shanghai Hongyuan and OSRAM came to an end with Hongyuan’s victory after final judgments from both the Higher People’s Court of Shanghai and the Higher People’s Court of Beijing.
Total victory after 6 year’s battle against OSRAM on protecting Hongyuan’s intellectual property rights
In October of 2005, OSRAM filed a lawsuit against Shanghai Hongyuan to the No. 2 Intermediate People's Court of Shanghai for infringement of ZL96191079.8, to stop Shanghai Hongyuan producing and selling LVD electrodeless fluorescent lamp. After a careful study and analysis of the China invention patent ZL96191079.8 and Hongyuan’s own patent, a team of experts from Shanghai Hongyuan concluded as below:
——The technical aspects on the two patents are related to each other, but not the same exactly, So Hongyuan should not be regarded as a infringe of the patent.
——Moreover, The invention patent (No. ZL96191079.8) belongs to a type of combination patent of parameter optimization, and these selected optimized parameters are all known parameters, and such combination does not make the technology of electrodeless fluorescent lamp stand out.
On Dec.20th 2006, Hongyuan defended patent infringement to the No. 2 Intermediate People's Court of Shanghai. The court finally judged that Osram lost in the case and LVD electrodeless fluorescent lamp does not infringe on the patent. Osram appeal the case again to the Higher People's Court of Shanghai. At the end, the court rejected the appeal and upheld the original verdict, and Hongyuan’s independent patent technology was accepted.
August 25, 2008, the Patent Reexamination Board censored the request for invalidation which filed by Hongyuan and the reviewed results (the NO. 12102) declared OSRAM patent was invalid. OSRAM attempted to deny the result of the NO. 12102 and started a lawsuit against State Intellectual Property Office Patent Reexamination Board to Beijing First Intermediate People's Court, Shanghai Hongyuan was the second defendant.
From September 2008 to October 2011, Beijing First Intermediate People's Court--State Intellectual Property Bureau ,the Beijing Higher People's Court and State Intellectual Property Office Patent Reexamination Board declared all Chinese patents of the plaintiff OSRAM was invalid, and abolished OSRAM invalid patent as well as ensured independent Intellectual Property rights of Hongyuan LVD induction lamp.
Hongyuan won a complete victory after six years. This case was listed in the top ten Chinese international intellectual property dispute case. We will enhance our core technology, gather advanced resources, and improve company value to achieve the goal of a hundred-year enterprise. We will promote Chinese brand to the world by our worldwide promotion of LVD induction lamp and energy saving technology application, as well as continue to make great contribution to green world.