At present, the court has transferred the compensation to Gree Electric’s account.
Editor’s note: This article is from “interface information” , Author: Lu Ke Yan.
After 40 months, Gree v. Oaks settled the case of patent infringement.
On May 11, the China Judgment Documents Network showed that the Guangdong Higher People ’s Court made the second judgment of (2018) Yuemin Zhong No. 1132 on August 30, 2019, upholding the original judgment of the Guangzhou Intellectual Property Court in the first instance and finding Ningbo Aosheng Trading Co., Ltd. (formerly Ningbo Aux Air Conditioning Co., Ltd., hereinafter referred to as Aosheng Company) was set up for malicious infringement, and the latter was awarded a compensation of 40 million yuan to Zhuhai Gree Electric Co., Ltd. (hereinafter referred to as Gree Electric).
The ruling shows that since Oaks manufactures and sells products related to the patent right of Gree Electric ’s “indoor unit of an air conditioner”, in August 2019, the court found that Oaks ’malicious infringement was established and ruled that Orson ’s compensation for Gree The company’s economic losses and reasonable expenses for safeguarding rights totaled 40 million yuan.
Subsequently, Aosheng refused to accept the judgment and filed a retrial request. But in March of this year, the court announced that the original sentence was upheld. At present, the court has transferred the compensation to Gree Electric’s account.
This case was brought by Gree Electric in January 2017, but it was not the only lawsuit between Gree and Oaks.
In June last year, Gree reported that Oaks sold unqualified air conditioners. Gree Electric said that, according to the Gree Electric Laboratory’s actual measurement, some models of AUX air conditioners have a big gap with their publicized and nominal energy efficiency values. After testing by a third-party testing agency, the results obtained are consistent with Gree’s testing conclusions.
At that time, Oaks responded that all the products manufactured by the company had been tested by the Oaks Air Conditioning Co., Ltd. Oaks Air Conditioning Test Center, and submitted materials such as test reports to the Energy Efficiency Mark Management Center for filing, and issued eight Oaks Air Conditioners. Proof of the record of the energy efficiency mark of the product.
This dispute has also come to an end recently. In April of this year, the Zhejiang Government Affairs Service Network announced the results of the Ningbo Municipal Market Supervision Administration ’s punishment for Austria in this case, and ordered it to correct and impose a fine of 100,000 yuan.
Gree Electric ’s chairman Dong Mingzhu also said in a recent live broadcast on the report of friends and business: “Everyone thought I could n’t live with Oaks. In fact, it ’s really not a life of trouble. I did n’t say I wanted to kill it.” I hope it can soberly realize that the energy efficiency level is not reached, not just a problem of deception, but a problem that touches the bottom line. “
Dong Mingzhu said that in the long run, such “destruction” will cause more companies to follow in the market, causing more low-value pricing and cutting corners. “In this case, it is impossible to pushInstead, social progress is hindered or even completely reversed. “