Recently, Beijing No.2 intermediate People's Court made a first-instance decision on a patent dispute in favor of Keihin Heating & Cooling Technology Co. (hereinafter as “Keihin Co.”), a Japanese powertrain products manufacturer over FAW-Valeo Automotive Air Conditioning Co. Ltd. (hereinafter as “FAW-Valeo”) and Beijing North Huayi Automobile Sales Co., Ltd (hereinafter as “North Huayi”).
Keihin filed the lawsuit before court claiming that FAW-Valeo’s manufacturing and North Huayi’ s selling of the New Bora motor series carrying condenser parts infringed Keihin’ s patent ZL200380107672.2, a technology applied on motor condenser. Keihin requested that the two defendants should stop infringement immediately and pay a total of 11 million RMB for its economic loss and 260,000RMB legal fee.
After examination, the court believed that the alleged product fell into protection of Claims 1-10 and 12-31 of Keihin's patent. Due to insufficient ground of defense, the court held that there was infringement in the manufacturing and selling of the products. Based on the total sales of the infringing products and the patent license fee Keihin charged the licensee, the court ruled that the defendants should cease infringement immediately and pay compensation of 4.8 million RMB for Keihin’s economic loss and 40,000RMB for reasonable fee.
