In December 2017, Beijing Higher People’s Court concluded a second instance case of infringement relating to the patent entitled “Remote software service system (patent number ZL200410080100.6)”. The case was represented by Huifang Dong and Chao Zhang from NTD litigation team and lasted for one year within which three court hearings were held. The court finally reversed the decision of first instance and the joint appellees (Tsinghua Tongfang Co., Ltd. and Tianjin Zero Space Time Co Ltd, transliteration from 零时空公司) were ordered to pay a damage of 3,000,000 RMB, which is much higher than 500,000 RMB by the first instance court.
In the trial practice of patent infringement in China, it is very rare for the second instance court to raise the damages already determined by the first instance court. Thanks to NTD attorneys’ efforts, new supplementary and persuasive evidence was submitted to and accepted by the appeal court. Further, by using the accurate clues provided by NTD attorneys, the appeal court took the initiative to obtain sales data from the appellees’ dealers, as well as the documents from Nanjing Gulou District People’s Court relating to a contract dispute between Tianjin Zero Space Time Co Ltd and its dealer. On the basis of these information, the court of second instance made the decision in favor of the appellant.