Facts: Works owns a patent of invention named “a fire gun that can detect the ignition flame”, which is applied to the devices like regenerative reheating furnace. Without the permission of Works, Tengtian manufactured and sold the infringing products. Tongyu purchased the infringing products from Tengtian though open tender and then used them.
Merits: In order to accurately identify the price of Tengtian sales of infringing products, and then identify its profits obtained from the infringement, NTD helped Works strategize a complete and thorough evidence collection action. From the user of the infringing products, i.e. Tongyu, NTD helped Works successfully obtain sufficient evidence which proved Tongyu’s use of infringing products, so that forcing Tongyu to disclose the source of the infringing products initiatively in purpose of exempting its liability on compensation, then hence identified the facts that Tengtian manufactured and sold the infringing products. Further, since the infringing products were the core components of the large-scale regenerative heating furnace, their replacements were not only complicated but also a delay of the production. In order to keep using the existing fire guns, Tongyu provided the tender documents, invoices and other evidence initiatively to prove that it had paid the payment to Tengtian. Such disclosure of these evidences confirmed the price of the sale of infringing products of Tengtian, which made Works’ appeal regarding the amount of compensation be supported by the court smoothly.