On April 19, 2016, Beijing High Court made the final judgment to uphold the first instance judgment made on December 22, 2014 by Beijing First Intermediate People's Court.
Attorney Yu Hou and Patent agent Fei Ge of Liu, Shen & Associates represented BAMED AG.
BAMED AG is a manufacturer for baby bottles in Switzerland and holds patent for invention ZL200480028652.0. The acquisition of this patent right is handled by our law firm.
In 2013, BAMED AG entrusted with our law firm to launch a patent infringement lawsuit in Beijing Second Intermediate People's Court against Taizhou Keaide Children Wear Co., Ltd. Under the mediation of the court, both parties reached a mediated agreement ((2013) ERZHONGMINCHU No.6151) with respect to the accused infringement product (Model No.: KD1060). According to this mediated agreement, Taizhou Keaide Children Wear Co., Ltd. have paid damages 50 thousand RMB for the patentee’s economic losses on the date of May 17, 2013. In addition, Taizhou Keaide Children Wear Co., Ltd. is bound to recall all the products-for-sale of KD1060 from the effective date of this agreement.
In January 2014, during the process of supervision with respect to the recall operation, our attorneys found that a new product (Model No.: KD1059) from the defendant (Taizhou Keaide Children Wear Co., Ltd.) infringed the same patent right. BAMED AG launched a new patent infringement lawsuit in Beijing First Intermediate People’s Court claimed for economic compensation of 250 thousand RMB.
Beijing First Intermediate People’s Court organized two court hearings since September 2014.
For proving the patent infringement, our attorneys conducted marketing investigation for collecting evidences and did a detailed comparison between KD1059 bottles with ZL200480028652.0 during the court hearings.
To evidence the damages, our attorneys also use the evidences of the defendant submitted to the court. The calculation of damage is made on the basis of statutory compensation by taking such factors into comprehensive consideration as the right nature of the involved patent, the circumstances and period of the accused tort, and the extent of subjective fault of Taizhou Keaide Children Wear Co., Ltd. The Taizhou Keaide Children Wear Co., Ltd. shall also pay BAMED AG for the reasonable expenditure for prohibition of tort.
On December 22, 2014, Beijing First Intermediate People’s Court made the first instance judgment for the patent infringement litigation BAMED AG v. Taizhou Keaide Children Wear Co., Ltd. The Court ruled patent infringement and ordered the defendant stop infringement and pay damages 100 thousand RMB (USD 16,129) for the patentee’s economic losses.
Taizhou Keaide Children Wear Co., Ltd. appealed to Beijing High People's Court on February 06, 2015. The appeal was finally rejected by Beijing High People’s Court.
In three years, all the proceedings of this case are finally concluded. During this period, attorneys of Liu, Shen & Associates worked closed with the client BAMED AG and obtained concrete supports from the client. They also received the client’s high appraise for their professional services. As a renowned international law firm, we will continue to provide excellent legal services to our clients and make our best effort to protect our clients’ legal rights.