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Comment: Na Saida ink box 337 cases hit PTO again from ITC

January 28, 2008

Recently, the author saw on media according to Japan love general gives birth to the requirement of the company, american president small Bush already signed committee of international trade of ITC(United States) what in the light of the Chinese ink box such as Nasaida the enterprise gives out is general eliminate to make. Also saw another information at the same time ” two when Japan loves general to be born in ITC experience case patent that register in the beauty by bureau of patent brand of PTO(United States) cut into parts first invalid, this can shake undoubtedly the legal basis that American ITC 337 adjudicates on ” .

These two patent effectiveness become company of Na Saida of Zhuhai of manufacturer of Chinese current ink box again (next weighing ” Nasaida ” ) the focus of the long patent dispute that with Japan the company is as long as Aipusheng two years. Whoing after all is what blame, also can see a few clue from inside domestic media big fight;

　　 Japan loves general to give birth to ITC of requirement United States to have 337 investigation to Chinese ink box

At the beginning of 2006, japan loves general to give birth to a company to use the United States ” 337 clauses ” the current cost capable person that told 17 China to implement scale quite in ITC shape creates a company. This is patent of case of the experience on American ITC history most, enterprise is mixed one case the product is most at most ” 337 investigation case ” , also be to be aimed at Chinese industry the biggest, one the effect is most serious ” 337 investigation case ” . The enterprise of Chinese ink box of experience case had Nasaida to should appeal to only. Zang Xiaogang of chief inspector of market of company of Na Saida group expresses, think of the analysis that amounts to pair of oneself products according to accept, the ink box product that Na Saida is selling in American market is the patent technology that has his, did not violate Aipusheng’s patent, should appeal to so.

On March 30, 2007, ITC gave out first trial adjudication, the ink box product that cognizance Nasaida sells in the United States, violated a few patent of Aipusheng. Na Saida states ITC administration judge accepted the explanation of the broaden the scope that Aipusheng makes to so-called patent at once, think accept thinks of tort of the box that amount to Chinese ink one-sidedly, it is inequitable to Chinese enterprise, requirement ITC is right review a case is dismissed first.

On October 19, 2007, after ITC reexamine, with respect to Chinese ink box ” 337 investigation case ” make cut into parts eventually, decide the patent that Na Saida ink box still violated Aipusheng, by market of off-limits United States. ITC court was given out ” eliminate generally to make ” and ” prohibit selling your ” , requirement whole world is all ink box importer does not get product of ink box of case of will relevant experience to sell market of past United States again with production enterprise.

Show according to concerning a material, the ink box that China produces 90% exit are abroad the market, among them 50% sell market of past United States.

“Na Saida expresses disappointment to the adjudication of ITC, eliminate generally to make give out be sure to produce major adverse effect to manufacturer of material of compatible bad news, also stripped at the same time the cheap of qualitative actor price that China of American consumer preference makes is compatible the opportunity of ink box. Lacked the support of compatible ink box, the sales volume in American market meets unripe printer of Japanese love general to glide considerably certainly, accelerated by American HP printer from the speed with American expulsive market, the folk adage that uses China says; Move a stone to break his leg namely. ” on October 22, zang Xiaogang expresses to media.

　　 Patent effectiveness makes the crucial point of this patent argue

When the author is retrieving the relevant report of media, discover from ITC ink box 337 investigation begin, bilateral media big fight does not have cease to pass momently. Very apparent like be the same as ITC lawsuit, this is wide gap of actual strength of a company tremendous, control the argue with strength huge wide gap to domestic media.

Before paragraph a media coverages of time write:

“Na Saida, this once depended on sweep anything away of material of cheap and current cost Euramerican market, all over the world the firm of current cost material that many countries set branch or agent, in confronting its destiny eventually ” slippery iron Lu ” .

“Rely on Chinese labour force to become this low dominant position thick and fast, integratedly, wanton filch sends the intellectual property of the enterprise and patent first, launch violent sale offensive to global market next. Have more very person, flat make imitation holiday, let ” China is made ” cheat notoriety because of this. With encroaching intellectual property is mixed this kind damage ethical brand to be cost ” edge ball ” mode, because its are devoted little, get effective fast, be discovered hard inside short time, also got of a lot of enterprises chase after hold in both hands. Also got of a lot of enterprises chase after hold in both hands..

Na Saida makes a statement subsequently say: “We also discover the competitor passes a few a few websites to undertake hype to this matter, published ill will to debase industry of lumber of Chinese current cost and image of Na Saida company to reach its the opinion on public affairs of own innovation product. We are planted to this misdirect market, mockingly the behavior of Chinese consumer and the method that are not fair competition express indignation, na Saida will reserve the right that with respect to its opinion on public affairs of inconsistent with the facts investigates legal duty. Na Saida will reserve the right that with respect to its opinion on public affairs of inconsistent with the facts investigates legal duty..

A problem of the near future is ” of ink box patent Sino-Japanese right definitely ” article, offerred the point of view of give tit for tat:

“From industry of lumber of whole and current cost for, patent forestall, had become the obstacle that industry health develops, and the founder that Aipusheng is this stumbling block undoubtedly. Aipusheng dares risk everyone’s condemnation, use patent to spread out the strong encircle and suppress of pair of China enterprises in the United States, meaning making the indigenous industry that controls China to just start. And Chinese enterprise is opposite in Chinese market Aipusheng spreads out strike back, also appear fair and reasonable. Also appear fair and reasonable..

And appeared again on the rich guest China yesterday ” patent PK contest, the Nasaida of ink box domain and Aipusheng ” large space report, enumerate both sides gives the process of action and method two years, the like a raging fire that in the patent on media big fight makes. Of the company of heroic China nation that Na Saida is becoming loneliness indicative, and Japanese love general is born to become world super transnational corporation to cooperate American government to restrain Chinese economy growth, prevent China to make the strong sharp-shooter that the company grows.

In fact, gave out in ITC after eliminating generally to make, already was in via meaning Nasaida the first phase of this patent big fight has lost. But in Patent Office of PTO(United States) on battlefield, na Saida’s destiny appeared again it seems that a favourable turn. On August 3, 2007, na Saida mentioned to American PTO multinomial the requirement that in the light of Japan Aipusheng investigates the experience case patent in the case to have home remedy review a case in ITC ink box. American PTO on September 17, advice-note Na Saida accepted the demand of 4 patent reexamine. The file that according to American patent brand bureau announces makes clear: PTO accepted Nasaida’s reexamine to ask, the decision examines the right of relevant patent of Aipusheng to ask afresh, refer the announcement of heavy careful to Japan to love general to give birth to a company, ask its make reply inside 60 days. On December 10, 2007, american PTO is unripe to loving general 053, 917 patent make preliminary judgement, because used prevenient technology, lacked patent novel sex, and the absolute right demand that rejected to love general to give birth to relevant patent. It is a basis with this, na Saida will continue mention in American federal eyre appeal, ask the unreasonable accurate administration that rejects ITC to make adjudicates on, the 3rd battlefield battle, the patent big fight of ink box loves general to give birth to patent effectiveness to be a focus to will continue spread out again with Japan, the ending of war situation can have expected, it is internecine certainly, the person that watch fight gets benefit.

Patent big fight, what Chinese economy grows quickly is inevitable

Professor Xu Aiguo of expert of home’s famous law of nations, Beijing University ever expressed, the main target of 337 investigation is the country with economic rapid growth. On the history, taiwan of Europe, day, Han, China once became 337 investigation object states of American. 20 centuries 80 time, because Japan and Chinese Taiwan became the target of 337 investigation with serious favorable balance of trade of the United States. But, in understanding, mastered the United States ” 337 investigation ” after answering regulation, OK and easy ground was answered. Before positive-appearing image a few years Chinese enterprise faces an European Union when turning over a dumping to investigate, dare not answer, also do not know how to should appeal to. But today’s Chinese enterprise, already dreaded no longer of arrival turn over dumping investigation, should appeal to actively, can win victory mostly.

“This American ITC eliminates made issuance generally, it is to have to Nasaida’s influence, but not be deadly however. Because, the product that is put in patent controversy partly only suspends entering American market, and the product of the new patent technology of own research and development is not in Nasaida this investigation limits of 337, also be absent ‘ eliminate generally to make ‘ inside limits, the product of own technology will continue to expand in the sale of American market, continue to offer the ink box product that high grade China makes for American market client. The aggravate that the international market competes, make patent battle is become inevitable. Nasaidahui accelerates the research and development of the new product of own and patent technology, the near future can promote the product of more own and patent technologies to American market. ” Zang Xiaogang of chief inspector of market of company of group of Na Saida company expresses.

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Written by ITTech · Filed Under IT Magazine