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November 30, the Japanese Intellectual Property High Court ruling made before the Japanese Patent Office to maintain the “Sony’s first patent No. 2,646,657 invalid” decision, so far, Sony two years ago to prosecute violations of its two batteries BYD patent litigation , to Sony losing end.
December 1, BYD Company Limited from top to bottom immersed in the joy of Sony’s favor. Almost the same day, BYD Huizhou to get super batteries with the intellectual property lawsuit between the final judgments, the majority of employees in this lawsuit against BYD in the losing does not.

“I’m not sure that losing the case, is that true?” When I received phone calls from reporters, BYD Company Limited brand promotion department official said. BYD Intellectual Property Manager of the Ministry of Huang Zhang Hui said, after checking, “This country is a small thing, does not have great significance.”

BYD losing the lawsuit, the Battery Co., Ltd. Huizhou super lawyer,

Tsinghua University Law School professor Chen Jianmin that BYD is in a patent dispute in the broader context, “an annual increase of Beijing on the patent invalid cases reached 700, the future litigation, utility model patents in China, more than 50% would be ruled null and void, as well as 30% of invention patents will also be ruled invalid. ”

Chen think that the patent wars have been “white hot”, on the one hand companies have begun to know to accelerate patent applications on the market enclosure, the enclosure on the other hand, the patent will be competing again at any time break.

Foreign win, the domestic input

“China’s often been a number of technology companies led by Japan’s multinational corporations to suppress intellectual property, in the environment, China’s enterprises respond to a very passive, results are not losing money, buy a license that is subject to repression, difficult to develop.” Huang Hui Zhang told reporters, Japan enterprises in the era of the last century through the 70-80 suppression of intellectual property rights to prevent competitors from market-based instruments are very effective, but the Sony lost that war, the global market, the patent to a delicate moment of attack and defense.

Wong said BYD year of patent application reached 800, from the beginning of 1998, patent applications, up until now has applied for 2,000 patents have all kinds of one year of patent application and maintenance fees to reach 5000000-6000000 yuan, patent maintenance is one of our major assignments. Huang believes that the Sony litigation, BYD break the success of Sony’s patented defensive technique.

Although the patent offensive and defensive technique is becoming more sophisticated, but in BYD Huizhou super battery with a lawsuit of “Mashiqianti.”

January 31, 2000, BYD applied to the Chinese Patent Office, titled “A rechargeable battery pack used in the circuit protection components,” utility model (No. 00,227,259) patents, and in early 2001 to the Guangzhou Municipal Intermediate People’s the courts, claiming that its patent infringement Huizhou super. Huang Hui Zhang recalled, “It was not considered as a business strategic litigation, the patent only as an ordinary

Rights protection, and super pre-written statement. ”

August 29, 2001, super to Patent Reexamination Board to declare the patent invalid, super that the patent does not have the novelty and creativity, and does not comply with the “Patent Law” and Article 26 of the “Patent Law Implementing Regulations” section the provisions of Article 2,20,21,22, after review, the Patent Reexamination Board on June 9, 2004 declaration of BYD to this utility model patent right invalid.

In the super 44 the evidence presented, the foremost of which is Annex 8, to September 16, 1986 and open the U.S. Patent US4612529, the name “ultra-compact fuse”, the patent review by the review committee, identified with the ” a utility model “is used rechargeable battery pack inside the circuit protection components for similar technology; the same time, BYD Annex 8 also includes a utility model patent right of all circuit elements within the technical features; and Annex 8 has been documented, micro fuse devotes in limited space applications, enabling technicians in this field apply the micro-fuse rechargeable battery pack do not need to overcome technical obstacles, it is not creative.

In this regard, BYD followed by the Beijing First Intermediate People’s Court to the administrative litigation, with its original patent brought commercial success to appeal, and anti-sue super and the National Patent Reexamination Board. However, the court, after hearing that the patent does not have the creative BYD true, but this patent was commercially successful, “do not have any evidence” and therefore rejected the appeal, declaring the patent right invalid.

The decision is final, but the agency litigation Beijing BYD Beijing Run-flat Intellectual Property Agency Co., Ltd. an attorney said, “Although from the legal sense, be said to have ended, but the patent point of view, there are still not satisfied. ”
The battery industry, the patent scuffle

According to their attorney’s understanding of Hong Kong Huizhou super subsidiary of Gold Peak Industries Group, the main production of GP super batteries are nickel-cadmium batteries. Public information, Jinshan industrial groups around the world in 24 countries and regions in manufacturing areas or offices in 20 regions in mainland China has established subsidiaries or distribution office, in the consumer battery production, currently located in the top ten rechargeable batteries manufacturer of the APPLE POWERBOOK G3 Battery.

“After the case, BYD will be likely to face claims.” In 2001 commissioned by the respondent super BYD Huizhou, Shenzhen Jinyuan Orient Law Firm an attorney believes that this will be in the market losing BYD competition “has the follow-up.”

In fact, the BYD expand its market share in the past, often accompanied by the patent lawsuit.

In September 2002, almost unknown before the beginning BYD approaching the top five global rechargeable battery industry, battery industry boss Japan’s Sanyo Electric Co. to the United States Southern District of California filed a lawsuit against BYD BYD and the U.S. company on charges of violating Sanyo patents and requested the United States banned imports and sales of BYD-ion rechargeable battery. When this case finally in February 2005 when the two sides to shake hands and end up, BYD has surpassed Sony, Sanyo, after becoming the global rechargeable battery industry, “second child.”

“Chinese companies have applied for the patent is invalid against foreign multinational companies to suppress competition among enterprises has become the norm.” As a national patent in this litigation a lawyer review the Committee’s Chen Jianmin told reporters that the patent battle is divided into three levels, an independent research and development should be , the first to apply for a patent; Second, we must respect the intellectual property rights of others; 3 dare to responding to rights protection.

Chen believes that BYD in patent disputes in recent years, the performance reflects the current technology-based enterprises patent battle in miniature – enterprises should be made through the defense of patent applications, but also through the counter-counterattack each other’s patent is invalid, and this At the same time, itself can often become targets of SONY VGP-BPS5 Battery.

“Patent war” in the Patent Trap

“The more companies grasp the core technology, the greater the need to protect their exclusive patent to the first of the market, the monopoly market advantage.” Jinan University, Dean Xu Xuan IP explained to reporters, but the resulting counter-attack by the will also increase.

Xu Xuan introduction, the last two years, the Guangzhou Municipal Intermediate People’s Court “only online copyright lawsuit a year has increased Qi Babai pieces”, which patent is invalid for a considerable part of the proceedings.

For the average “patent invalid” cases, Xu Xuan explained that in legal proceedings, patents, before and after the adoption, any person can have the right to challenge the patent, said, “the patent is public information, after receiving permission granted through the Patent Office to review authorization, while the patent documents made public after the patent law is a relatively monopolistic market power. ”

However, from the legal extent, any patent application in law, both in access to “patent license” not valid after the possibility of litigation, she said, companies filing patent applications for first registration, will “get a temporary monopoly power, And if this monopoly should be in the next step after the other technology-related challenges and competition is basically from the competition test, “meaning competitors have relevant valid information is still possible to sue under the premise that the patent is COMPAQ PRESARIO 2500 Battery .

“Competitor of patent information, patent examiners to master far better than their competitors in order to confrontation or defeat, there is considerable opportunity through global patent database search to find the cause of its competitors, the patent is invalid evidence.” Xu Xuan patent battle for the future intensity of not surprised.

She introduced the global database search for any person to provide a review of its own patent infringement if opponents a platform for the patent is invalid, because the standard of construction in various national patent databases, patent information is stored not the same, the scope of patent search is different from the standard patent search also have varied, making the patent can withstand the complex situation faced by competitors in the review.

“Super successful because it knew the U.S. Open in 1986, patent US4612529, while Sony lost a patent is invalid, the BYD and certainly some evidence of their grasp.” Xu Xuan said that enterprises should not be superstitious patents, but it must be will make use of the patent, as long as the relevant technology applications for up to invention, constitute the legal requirements of the licensing criteria, you can apply for a patent, “Do not be limited to one or two patents, and if so, once the patent was found invalid, enterprises will face ‘patents traps as well as the plight of ‘the IBM THINKPAD T42 Battery.