The Patent Owner Sues The Patent Rights Of The Amazon And Other Enterprises To Infringe On Their Shining Shoes / Costumes.

Ke Ershi (Clark), Kaloch (Crocs),

(Puma) the case of a well-known enterprise failing to apply for a utility model patent for a "circuit device" is publicly heard on the 6 day of the Patent Reexamination Board of the State Intellectual Property Office.

This is the second case of the "public hearing of major cases" organized by the Patent Reexamination Board in 2016.

This is a case of "personal" against the "famous international enterprise" circuit device (case 5W108780, 5W109213, 5W109317 invalid request case).

The case involving the utility model patent No. ZL201220089498.X is entitled "circuit device".

The patent holder is Zeng Sheng Ke, a natural person in the Taiwan area of China. The invalid applicant is the three internationally renowned company. They are: Croft international trade (Shanghai) Co., Ltd.; Carlo shoes (Shanghai) Co., Ltd.; Puma (Shanghai) Trading Co., Ltd.

The patent holder has owned more than 50 pieces of Chinese patents / applications under the name of Sheng Ke, including those relating to the patent right.

There are more than 30 patents related to costumes and shoes in the United States.

Related patents / applications, and prosecute enterprises such as Amazon to infringe their patent rights.

In China, the patent owner has sued many brands of shoes and clothing infringement in the Fuzhou intermediate court, including the Clark, Kaloch, Puma (Puma) and other famous enterprises in this case. For example, the patented claim that Puma (Shanghai) Trading Co., Ltd., which sells luminous shoes in a shopping mall in Fuzhou, infringes the utility model patent of the "circuit device".

At present, the Fuzhou intermediate people's court's relevant infringement disputes are in the suspension procedure.

It is understood that the three companies that filed the request for invalidation had previously launched the activist action in the capacity of the right person.

The patent involved in the case is a utility model patent. It has typical social and legal significance in how to grasp the creative height of the utility model, balance inventions and create public rights.

The Patent Reexamination Board set up a collegiate combination and heard the three invalidation claims filed by the enterprises mentioned above.

The case mainly involves the core of the patent three character examination: novelty and creativity, the evidence submitted by the parties is more, and the way of combination is more. The evidence and combination methods submitted by the three enterprises are crossed.

In this regard, the patented person made a consolidated amendment to the claims before the oral trial, narrowing the scope of its patent protection.

At the oral trial site, the collegiate group first listened to the opinions of the parties on the amendment of the patent claims, and made a full investigation on whether the patent has twenty-second or second, third provisions of the Patent Law on the basis of the revised version.

In response to the amended claims, the petitioners further clarified the reasons for invalidation and the way of using evidence in the oral hearing based on the evidence submitted before the trial.

The collegiate group is clear to all parties, and the evidence of each invalid request must not be used in combination.

Although the case involves four parties, the case is more complicated, but the collegiate group has ordered and focused on the whole oral process, found out the facts of the case and safeguards the rights of the parties concerned.

The Patent Reexamination Board has arranged the senior collegiate panel to carefully hear the invalid cases, and has also enhanced the pparency of the examination work by enhancing the pparency of the examination process, enhancing the sense of responsibility and the sense of responsibility of the collegiate panel, and ensuring the objective, fair, accurate and timely hearing of the case.

In order to establish a fair, just and open government organ image, publicize the relevant policy standards of patent case trials, and respond to the hot topics of social concern, the Patent Reexamination Board of the State Intellectual Property Office organized the "public hearing of major cases" in 2016.

The main way of activities is to regularly select major cases, and to open the trial process, publicity and examination policy to the public and take social supervision.