"What's that...... Aren't the drawings from the design institute of urban and rural reconstruction? We just construct according to the drawings, and we know what patents are not patents. Fangfang, do you say that this is playing the piano indiscriminately? If you really have something to sue, you shouldn't sue us!"

Li Sheng suddenly heard the bad news, and as soon as the thrifty temper of the contractor came up, he was naturally very angry.

His company wants to save money, and he usually doesn't hire a serious legal consultant.

The next day, he could only call the financial director, who knew a little about the law, who was also his sister-in-law, to his office for questioning.

The financial person in charge is named Sun Xiaofang, who is more than ten years younger than her brother-in-law, just in her early thirties and not married, dressed as a smart little S woman.

She read the lawyer's letter again and again, and took the initiative to check the court's public information on the Internet, and found that the other party had indeed sued.

"This thing...... Legally speaking, it is not wrong for them to avoid the design institute and sue us directly - even if the designers of the design institute suggested the use of certain patented technologies when producing the drawings, it cannot be said that the design institute is wrong.

Patents are meant to be used by people, and as long as we, as the construction party, give the license fee and get the license to use it, it is still not illegal. Of course, if the developer is asked to bear this cost and pay for this license, it is theoretically fine.

I looked at the contract between us and the developer, and there was no clause on this part of the fee, which was a blank. So the plaintiff named us and the developer as co-defendants, and there was no problem......"

Chinese people often have a great misunderstanding of the value of patents.

Many laymen look at Xiaobaiwen and think that "patents are used for monopoly, just for the sake of this thing, I can make it and others can't make it, and I can eat the whole market."

In fact, how can patents be used in real life.

99% of patents are willing to be used by others, as long as the other party pays the licensing fee.

When the other party really wants to buy the license, but the patent holder pretends to be a stalk and refuses to negotiate, maybe all he is waiting for is a "compulsory power of attorney" from the patent administration department of the State W Academy.

Therefore, when the design institute draws the project, it draws certain designs that must use patented technology, and there is no problem in law.

Seeing that his sister-in-law said this, Li Sheng's indignation and arrogance were dispelled a lot at once.

He paced back and forth like an impatient leopard, the mole on his head shining with sweat, and then suddenly remembered a number, flipped through his phone, and called a friend he had eaten with but rarely used to drink and meat.

"Lawyer Qiu, I'm Li Sheng, do you remember? We drank wine last time when Mr. Qin invited guests from Greenland. ”

"Yes, brother, I have something to ask you about. ”

"Consultation fee...... Of course, that's all according to the rules of the trade. ”

The words were only three or five sentences, and although the tone on her lips was still kind, Sun Xiaofang could clearly see her brother-in-law's cheek muscles twitching.

I didn't say it, I must be distressed and have to pay the lawyer's fee.

At noon that day, the lawyer Qiu was invited to the company by Li Sheng, rubbed it in a nearby hotel, sealed a red envelope, and then asked a bunch of questions.

"Lawyer Qiu, this is the case, I asked the urban and rural reconstruction design institute that drew the drawings for this project, and their designers couldn't tell what patented technology they used on the drawings - it is the same construction structure, I am an old project, this kind of office building is not the first time to build, why haven't I met anyone touching porcelain before?

So I wonder if the plaintiff's name, Feng Jianxiong, is it a lie to us? I sent someone to find out, the plaintiff's agent is written from the Jinling Normal University Legal Aid Center, and even professional lawyers can't afford to hire a professional lawyer, and that Feng Jianxiong himself is just a college student!"

Li Sheng usually doesn't speak so vigorously.

But since he wanted to collect money from talking to Lawyer Qiu, he also sealed a red envelope to let the other party sell a friendship and not go to the public account, which naturally has to be a long story short.

In contrast, Lawyer Qiu spoke very word-for-word and slowly:

"I need to understand all the projects and technologies involved in the case. Boss Li, don't worry. I don't think this kind of case will be high, even if there is a licensing fee.

If it's really like you said, this technology has been used by someone in the past two years, not the first time, I will also help you see if you can find a friend from a special agency to declare it invalid. But that's also a cost......"

"Do you still need fees? Isn't the lawyer's fees all included?" Li Sheng was anxious when he heard the fees.

"Boss Li, one thing is one thing, a law firm, take care of the lawyer's business. Specialized law firms, in charge of patent attorneys. What you want is not only for me to help you fight lawsuits and mediation, but also for me to revoke the other party's patent, which are two different things-

Let me tell you this, I found a buddy from a special agency firm, if the other party's patent is really invalidated, then if the other party wants to use this patent to sue you for infringement of other projects, it will be impossible. It's a thing to do once and for all! It's worth the money!"

"I know that this pit has to pay a license fee, and I will never use this kind of design when building a house again in my life!

If you really take a salary from the bottom of the kettle, then you are also volunteering for your peers, helping other colleagues who will jump into this pit next time to pre-fill the pit!

Li Sheng's heart was so roaring and shouting, of course, these words would not be said.

And, after all, multiple options have multiple back roads.

Even if he doesn't want to pay for it, he doesn't mind asking for a quote first to find out how much it will cost if he is really going to do this.

"I estimate that the lawyer's fee on our side, plus the money of the agency on the other side, will be more than 30,000 yuan at most, Boss Li, you just wait for my good news." Lawyer Qiu put down this sentence and left first.

Li Sheng secretly thought that if it was only 30,000 yuan, he could try it first.

Anyway, lawyer Qiu said that the law firm will give a deposit first, and if the mediation does not go to trial, the deposit will be used as the mediation fee. If you really want to appear in court, you will make up the final payment.

On the side of the special agency firm, if you do not file an "Application for Invalidation Declaration", the consultation fee at the beginning will not be high, and there is nothing wrong with spending two or three thousand to buy an insight.

……

Because Li Sheng decided to respond to the lawsuit, lawyer Qiu submitted a response within a few days.

More than a week later, the Intermediate People's Court notified the parties to exchange evidence.

At the same time, considering that there is a "mediation rate" indicator in the court's performance evaluation, most civil litigation cases in the court will habitually ask both parties whether they are willing to mediate during the exchange of evidence before the trial.

And this kind of inquiry, often the effect is still good.

Because in many cases, the reason why the parties are blindly confident that they can win at the beginning is simply because they do not know what conclusive evidence the other party has collected. Once both sides spread out their hole cards, they know what evidence the other party has, and they think that they can't win, so they will calmly admit defeat and strive for a relatively acceptable condition, saving time and money.

The people who have to fight the lawsuit to the end in one breath and never die, after all, are a minority.

The exchange of evidence was chosen in a small conference room in the Third Civil Division of the Municipal Intermediate People's Court, and there was no need to occupy a courtroom.

The court sent a judge surnamed Zhao and a clerk to preside over the whole process.

On the plaintiff's side, Feng Jianxiong and Shi Nicole attended.

This combination of handsome men and beautiful women, in the eyes of outsiders, is simply terrifyingly young.

It's also easy to make people dismissive.

On the defendant's side, there were four people.

Li Sheng brought his henchman, that is, his sister-in-law Sun Xiaofang, to supervise the work. Mr. Qiu and Mr. Wang, whom he hired from a patent firm, were the main force of the defendant for a while.

Judge Zhao is busy with his affairs and naturally hopes to resolve the matter as soon as possible. It would be better if the closure could be regulated.

Now it is the end of mid-January, the Lunar New Year in 06 is relatively early, and the Spring Festival will be celebrated at the end of January.

"Mr. Feng, Agent Qiu, please go through the list of evidence you submitted earlier, and if there are no omissions, exchange the list to confirm - please note that this is only an exchange of evidence lists. Regarding the authenticity and probative effect of evidence, that is the work of cross-examination at the trial stage, so please do not waste time. ”

"Thank you, Judge Zhao. Feng Jianxiong thanked the judge very politely for his explanation.

Then, there is the exchange of evidence.

Lawyer Qiu is thirty-six or seventeen years old, and has been in the circle for more than ten years, and he has a lot of experience. Although the success rate is not to be said, at least most of the types of civil and intellectual property lawsuits have been seen.

As soon as he saw Feng Jianxiong's age, he was a little disdainful. After getting the other party's list of evidence, he was not in a hurry to look at it, but first pointed out the other party and tried to let the other party take a good look at the list of evidence on his side. It seems that the other party is afraid that the other party will not understand the adequacy of their preparation and the power of proof.

"Mr. Feng, I don't know how you got the utility model patent authorization for that technology. However, I think you also know that the probative power of the novelty of a utility model is very low, because the State Intellectual Property Administration does not conduct a comprehensive search and substantive examination at all when the utility model is examined. ”

"Before we came, we had already asked the designer who was in charge of the project at the time of the Urban and Rural Reconstruction Design Institute, and he was by no means the first time to use this design. There are at least two projects that have used similar designs before your patent is granted. If you insist on litigation settlement, we can only take the legal route and find an expert to apply for invalidating your patent!"

"And, we've investigated, and it's amazing that you're just a liberal arts student majoring in law, and you're able to 'develop' engineering technology. ”

Listening to Lawyer Qiu's calm and powerful questioning, Li Sheng naturally felt quite down-to-earth in his heart.

Chen Gong of the Design Institute patted his chest with Lao Tzu to ensure that this technology had been used in a project before, and he copied it directly when he produced the drawings.

It's a pity that Feng Jianxiong was of course unmoved.

"Lawyer Qiu, it seems that you don't believe that there are people in this world who are both liberal arts and sciences-" Feng Jianxiong exhaled through his nostrils and pointed his chin towards Lawyer Qiu, saying this half sentence.

Then, he simply didn't even look at the other party, and turned directly to Shi Nicole beside him, and taught him as if no one was around, "Nicole! How many times have I said it! I learn a little when I speak! My dad taught me to be humble." Obviously a genius, I don't tell him, I only say that I am 'both liberal arts and science'. ”

"Yes—I'll be humble. Shi Nicole obediently cooperated, looking like she was truly taught.

Judge Zhao couldn't stand it and coughed: "Please don't say irrelevant things." ”

"I'm sorry, I didn't mean to. Feng Jianxiong immediately changed his humble face to Judge Zhao, and then instantly turned arrogant and turned to Lawyer Qiu,

"It's a pity that some people are blind. I can't even tell the opinions of the anonymous designers of the Urban and Rural Reconstruction Design Institute that I haven't heard of -- in my list of evidence, you can't see the "Application for Invalidation Declaration" submitted by Professor Wu of Jinling Urban Construction and the results of its rejection? The Provincial Department of Science and Technology stamped the red-stamped novelty search report, can't you see it? Alas, it's really not easy to save some face for you. ”

"What?" Lawyer Qiu and Agent Wang instantly changed color, glanced at the other party's list of evidence and the attached explanation, and immediately regretted it.

I knew that the other party had such ironclad evidence, and just now I said those inferences to myself and humiliated!

blames the other party for being too young, and people can't help but despise it.