2015.04.29
Source: Interface
On the afternoon of April 20, the president of Sany Heavy Industry revealed to Wenbo on Sina Weibo, "Sany Heavy Industry has won another victory in judicial rights protection in the United States.
Sany Heavy Industry, which won a precedent lawsuit against U.S. President Barack Obama in July last year and set a precedent for a foreign company to win a lawsuit against the Committee on Foreign Investment in the United States (CFIUS), conquered the United States again yesterday! On the afternoon of April 20, the president of Sany Heavy Industry revealed to Wenbo on Sina Weibo, "Sany Heavy Industry has won another victory in judicial rights protection in the United States.
On the afternoon of April 20, the president of Sany Heavy Industry revealed to Wenbo on Sina Weibo, "Sany Heavy Industry has won another victory in judicial rights protection in the United States!" Case 337, Manitowoc, USA, claimed our trackscraneInfringement of Manitowoc's patent claims No. 928 and patent No. 158, the ITC's reexamination decision: neither constitutes infringement! ”
It is reported that this judgment was made by the ITC (i.e., the United States International Trade Commission) on April 16, and Sany Heavy Industry expressed satisfaction with the verdict and considered it a significant achievement in the litigation of this case.
According to the data, the investigation against Sany Heavy Industry began two years ago. On June 12, 2013, Manitowoc, a domestic crane company in the United States, filed a lawsuit with the ITC, claiming that Sany 1 crawler crane products infringed its "928" and "158" patents. On July 11 of the same year, the ITC officially opened the "Section 337 investigation". The term "Section 337 investigation" refers to the practice of the U.S. International Trade Commission (ITC) investigating unfair trade in exports to the U.S. under Section 337 of the U.S. Tariff Act of 1930 and imposing sanctions.
On July 11, 2014, the ITC ruled in the first instance that patent "158" was not infringing, but patent "928" was infringing, which Sany Heavy Industry objected to and appealed to the ITC of the United States on July 28 of the same year. According to the regulations, the U.S. ITC should have made a review ruling at the end of 2014; But the U.S. has postponed the ruling four times. It is known that this is very rare. It wasn't until recently that the ITC ruled that Manitowoc's two charges were not substantiated. Sany Heavy Industry went smoothly to the next city.
In recent years, with the deepening of China's strategy of going global, trade frictions and disputes between China and the United States are increasing, judging from the recent press conference on China's intellectual property development made by Shen Changyu, director of the State Intellectual Property Office of China, China is still the main target country of the "337 investigation" of the United States and the victim of *5655. Combined with the relevant information of the previous interview with Jardine Jiaye, in addition to practicing their internal skills and integrating intellectual property awareness into the daily management of enterprises, domestic manufacturing enterprises should respond to the 337 investigation. In the face of external lawsuits, it is necessary to respond quickly, be willing to spend money and invest manpower.
Just as in the previous case of Jardine Jiaye, "first consult in China, and then organize a user team to cooperate with foreign law firms". After encountering the lawsuit, Sany quickly formed a strong response team consisting of Sany America, Merry Law Firm, the General Research Institute and the business department involved in the case to deal with the lawsuit. In order not to be in a hurry, to get very good results step by step.
Combined with the recent 337 victories, it can be found that Chinese companies have become more and more adaptable to the rules of the game in the United States, and strive for their legitimate rights and interests within the rules. The phenomenon of scrambling in previous years and waiting for the country to come out is a thing of the past.
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