Chapter 815: Yang Rui is a genius

During the short period of adjournment, the reporters took out various communication tools one after another, and almost carried the fax machine to the newspaper office. Pen ~ fun ~ pavilion www.biquge.info

The most used telephones are naturally telephones, and several public telephones in the courtroom passages have long been occupied by reporters or reporters' assistants, and one by one they are not afraid of leaking information, and they are there to narrate upcoming articles word by word.

Benjamin looked at the lively courtroom, breathed a sigh of relief, and said with a smile: "Yang Rui, you have performed very well, and when these reports come out, our victory will be even greater." ”

"Great. Or Mr. Benjamin's professional level is high enough, if you are in the scientific community, you are probably also an academician. Yang Rui was in a good mood and complimented Benjamin casually.

Benjamin was in a good mood and couldn't wait to give Yang Rui's lawyer fee a ninety-eighty discount, and he also came to a little American modesty: "If it is in the field of patent litigation, I plead guilty." ”

Both of them burst out laughing.

"Benjamin. Mr. Yang Rui. Amid laughter, DuPont's lawyer walked over from the other side of the aisle.

"Kenneth. Benjamin straightened up and warned, "Please don't talk to my client, if you tell me anything, I'll tell him." ”

Yang Rui stood next to Benjamin and looked at the two of them curiously.

"I would like to propose a settlement, a very generous settlement, and I hope you will convey it to your client. Kenneth handed Benjamin a small note and said, "It's valid until the court starts." You've got a lot of luck, but we're not running out of tricks yet. ”

"Just come on. Benjamin clutched the note and didn't unfold it, and his tone didn't show weakness at all.

Kenneth looked around and said with a smile: "It seems that you think you have the control of public opinion? It is true that a small company will get you a lot of sympathy points for the big elephant, but you should think that sympathy is because you are weak, not strong." DuPont hasn't really made a real effort, even if you win in the United States, we can still file a lawsuit in London, Hong Kong, Paris or Tokyo, as far as I know, you have applied for patents in 150 countries around the world, but half of them have not yet been validated, gentlemen, the in vitro diagnostics market is a big market, and it is impossible for you to monopolize the market as a Chinese company. ”

Kenneth took two steps back, pointed to Benjamin's hand before entering the crowd, and said, "Think about it carefully, after the trial, this is your highest peak." ”

Benjamin waited for no one to be seen, and slowly unfolded the note in his hand.

There were only a dozen words in the note, Benjamin read it carefully, breathed a sigh of relief, and said: "They are willing to admit all your invention rights to PCR, as long as the patent of PCR is open to DuPont, and they jointly enjoy 30% of the global patent rights, they can settle." ”

Yang Rui smiled: "How is this possible." ”

He had to talk for months to get a 5% dividend from coenzyme Q10, and in the end he only got a 2% dividend, which is too easy to make even if DuPont is an elephant.

Benjamin's expression was serious: "Although I am very confident, as a lawyer, I still have to warn you of the risks. First of all, Kenneth is right about elephants, DuPont has the ability to file lawsuits in 150 countries around the world, of course, they don't file so many lawsuits for PCR, but there is no problem in filing lawsuits in several major countries of the world at the same time, and our Benjamin Law Firm, although we have the ability to respond to lawsuits, can increase the cost significantly. ”

"How much?"

"More than 50 percent of the cost in the United States, right now, for every time DuPont files a lawsuit in one country, you have to prepare a budget of $2 million, and if you are responding to a lawsuit in eight countries around the world, you need $16 million plus $4 million now, for a total of $20 million. ”

Yang Rui, who had just earned $10 million, suddenly felt that his waist was not so straight.

Benjamin added: "And that's not counting the cost of the appeal. The cost of an appeal is relatively low, but it also requires a budget of 30 per cent, or $6 million for an appeal if it is a total of $20 million. In addition, we need to consider whether DuPont will continue to expand the countries and scope of appeals. ”

"Can we win?" asked Yang Rui.

"If we can win in the United States, and now we have a great opportunity, then we will be better off in other countries around the world, and the more beautiful the United States wins, the better it will win elsewhere, but not absolutely. ”

Yang Rui groaned.

Benjamin said: "Now, the problem is not a legal issue, but a financial issue. Even if we can win, the money you earn back through patent licensing may not be able to cover the cost of litigation, so instead of that, it is better to settle the attorney's fees and get a definite result. ”

He really thinks about Yang Rui, otherwise, he just needs to earn his own lawyer's fees. Of course, Benjamin Law Firm didn't want to devote all its energy to fighting DuPont, and that wasn't in their interest.

Yang Rui was awakened by his last sentence, and asked slowly: "We have to spend lawyers' fees, DuPont will also spend lawyers' fees, and they won't lose money to fight a lawsuit, right?"

Benjamin was stunned for a moment and said: "But they are DuPont, they can fight lawsuits without making money, how big is the current market for PCR? According to our investigation, it is about 100 million US dollars in the market, and the profit is 50 or 60 million US dollars, so DuPont may spend 20 million or even 30 million to fight a lawsuit......

"We continue. Yang Rui interrupted Benjamin's words.

"Huh?" Benjamin didn't understand.

Yang Rui said: "My market estimate for PCR is different from that of DuPont. ”

He looked at Benjamin and said, "If 20 million or 30 million can create a monopoly market, I have no problem." ”

Having said that, Yang Rui felt a pain in his heart. However, this is the case with the biotech sector and the pharmaceutical industry, which is a hyper-capital-intensive industry, with the participation of pure biotech companies, the participation of big pharma, the participation of banks and consortia, and the participation of Wall Street, and companies that have no money, or companies that are reluctant to pay, do not see the future at all.

There are some industries in the world that can't spend money, such as commodity circulation, machinery manufacturing and even real estate, they have limits to the accommodation of funds, such as tens of billions or trillions, and if they go on, either there will be problems with management, or there will be problems with supply and sales, but the fields of medicine and biotechnology are different, and this industry spends a lot of money, because there are too many human diseases, and people who want to live longer are always the majority.

Whether it is the human genome project, or gene cloning, or cancer treatment, or infectious disease control, genetically modified research and development, any field here is open to operation, and it has the ability to clean up the treasury expenditures of all countries in the world.

And from this huge amount of money, even a small amount of money leaked is enough to hire lawyers to make waves in the courtroom.

If Yang Rui has no money, he will not be happy, so he has to sign a settlement agreement, and the less money he has, the more he will suffer from the settlement agreement he signs, and DuPont may dare to ask himself to take 70%.

These are the rules of the game in the pharmaceutical sector.

However, there is a huge deviation between Yang Rui's understanding of PCR and DuPont's.

DuPont doesn't see PCR as a $3 billion market, so they don't have to invest more money in lawsuits.

Yang Rui gritted his teeth and said, "Huarui is selling the patent rights of deferione, and once it is successful, this money can be included in the budget." ”

"Is it worth investing an extra $20 million or $30 million for 30 percent of the PCR's royalties?" Benjamin asked.

Now that the agreement has been signed, Yang Rui has no other losses except for 30% of the global patent rights, which is a rare victory from Benjamin's point of view, so the possible expenditure is just for the 30% rights, which is inevitably a little unworthy.

Yang Rui said: "I think it's worth it." ”

"Well, I continue to summon scientists from China, hoping that they will give us some good news. Benjamin didn't fully believe in Yang Rui's decision, but a better win would help stop DuPont's ambitions, and he turned his attention back to the courtroom.

The peeing time was over, and the courtroom was once again filled with lawyers, academics, and journalists.

Benjamin first summoned Professor Cai, and after he had taken the oath of office to sit on the witness stand, he asked, "Professor Cai, welcome to the United States, as far as I know, you are the head of the biology department of the best university in China, right?"

"Yes, I am the head of the Department of Biology at Peking University. ”

"You're also a national academician of China, right?"

"In China, it's called a member of the Academy, yes. "The Faculty Member is a title from the Soviet Union, which is interpreted in a similar English.

Benjamin nodded and continued to ask: "When Yang Rui was conducting PCR research, he was studying in the Department of Biology of Peking University, do you know his work?"

"Understood. ”

"Do you think that he has the knowledge and ability to complete the PCR study? ”

"Of course, there is no doubt that it can be done. Professor Cai paused for a moment and said, "First of all, I want to explain to all of you and the judges that you can't guess Yang Rui's ability with common sense, because he is a genius. ”

"Genius seems hard to prove. We often say that people are geniuses, but it seems that there are more subjective feelings, do you have an objective explanation?"

"Of course. First, I would like to introduce you to the Chinese college entrance examination, which is a test system similar to the American SAT......"

"I'm against ......," DuPont's lawyer stood up.

"I want to hear it. "The judge waved his hand, and this kind of patent case usually has no jury, and the judge is correspondingly more flexible in making the final decision.

The lawyer sat down, and Professor Cai continued: "As far as I know, in the United States, hundreds of people get perfect marks on the SAT every year, while in China, we have a similar test system, the difference is that in order to stratify students, our questions are difficult and easy, and there has never been a situation where a student tied for the first place. Therefore, we call the first place in the national examination every year as the top student in the college entrance examination. ”

Professor Cai paused for a moment and said to the judge: "It is very difficult to become the top student in China's college entrance examination, the total number of students in China who take the examination every year exceeds 10 million, and among them, only one-third of the students with the highest score in the first test can enter the final college entrance examination, and from 3 million or four million people, stand out and become the first in the overall score, I think, in any case, it can be called a genius." ”

Everyone expected what Professor Cai wanted to say, and they couldn't help but stare with bated breath, and the reporters were especially excited.

DuPont's lawyer yelled badly, but there was nothing he could do to stop it.

Immediately afterwards, I heard Professor Cai say in English sonorously: "Yang Rui is the champion of the Chinese college entrance examination in 1983, and he is the highest total score in the past. ”

The silence in the courtroom was suddenly broken.

Many Americans are talking from ear to ear.

Compared with Asians, Americans do not like to learn, but the fear and pursuit of the first place remains the same.

What excites Americans especially is that they are beautiful and intelligent, good at sports, and don't like to read, but can win the first place.

No one knows whether Yang Rui is good at sports, and whether he likes to read is a subjective issue, but he can almost get full marks in three of the other five events.

Reporters are already busy revising the draft.

"I'd like to say a little more. Professor Cai raised his voice again and said, "China's college entrance examination system does not only allow fresh graduates to participate, but also allows former students to participate. Due to the importance of the college entrance examination, many students will repeat for many years to continue to take the college entrance examination, and some students will even repeat for six or even seven years, therefore, Yang Rui can become the champion of the college entrance examination in 83, from the beginning, not only defeated his peers, but defeated many more prepared senior students, so I said, Yang Rui is a genius, he has an extraordinary ability to acquire knowledge, he has an extraordinary ability to use knowledge, he not only completed PCR research, he also completed a number of other research, I hope that everyone here can give him more tolerance, so that he has the opportunity to use his genius, more contributions to the world。 ”

Syllable.

A slow but loud applause.

Smack.

Two people applauded loudly.

Bang bang bang.

A group of people clapped rhythmically.

Bang bang bang.

Led to the applause of the audience.

The reporters were too excited to express their excitement in words, and their body language made the courtroom dance wildly.

The judge struck his hammer again, but with a smile on his face.

DuPont's Kenneth turned pale, but he turned his head and said, "Even if you win, you can't change the overall situation." ”

"We still have witnesses. Benjamin's eyes were shining, but he was full of confidence.