Chapter 75: First Blood
Generally speaking, whether an application for invalidation is passed or rejected, it takes two or three months.
However, because the year is approaching, all departments have to make up the figures for this year's political achievements, and some cases in which the facts of the case are relatively clear, and one of the parties takes the initiative to admit defeat after a brief confrontation between the two sides, whether it is in the Patent Reexamination Board of the State Intellectual Property Administration or the courts at all levels, it is very easy to let go.
Shi Nike got Wu Gaogong in mid-December. Feng Jianxiong had already written the relevant materials, including the content of the two parties' defenses in the follow-up, and they were all prepared at one time.
Then Feng Jianxiong gave Shi Nicole a little travel expenses, and asked her to fly to the capital in person and submit the materials directly to the Intellectual Property Bureau, so that the reciprocation of all links can be faster.
This is the first time in Nick Sil's life to take a plane, which makes the girl excited. The air ticket was booked more than ten days in advance, and it was a little discounted, only five or six hundred yuan.
Shi Nicole skipped class and lived in the capital for more than ten days, picking out a broken suburban hotel for more than 100 yuan a night, and after Christmas, she finally got what Feng Jianxiong wanted.
A piece of paper "Ruling on the Rejection of the Application for Invalidation of the Declaration".
Half a month to do what usually takes two months, that's the ability.
On the way back, Shi Nicole was reluctant to take a plane, although Feng Jianxiong approved the funds for her.
She bought a direct sleeper, and after a night's sleep, she returned to Jinling.
Feng Jianxiong didn't want to put a little girl who was just 18 years old out of town to show her head and practice.
It's a pity that what he has to do in Jinling requires more improvisation, and the requirements for skills and IQ are higher, and Shi Nicole is not qualified at present, so he must operate it himself, so it can only be arranged like this.
On the third day after Christmas, Nickle first went home to report to her mother that she was safe and was tortured. Then he completely washed himself and cleaned up, and went back to school to find NPC Feng Jianxiong to take the task.
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In the famous store opposite Caida, Feng Jianxiong picked a specialty dish shop that made stone pot fish head and gave Shi Nicole a pick-up.
Nicole, who was quite frugal outside, munched on the spring fish when she saw it. Of course, she didn't forget to show the "Rejection Ruling" to Feng Jianxiong as soon as they met.
Feng Jianxiong glanced at it, there was no problem. While watching the girl eat, he talked to her:
"On my side, I have already found the first target to sue - during this time, I checked the map every day, searched the Internet, and filed all the office buildings under construction inside and outside Jinling City.
Then I looked at the design renderings published on the Internet, and felt that it was easy to find the possibility of infringement by looking at the appearance, so I went to the site for on-site inspection. In the end, it was finally determined that two or three projects had a very large possibility of infringement, and I picked the softest persimmon among them and pinched it first. β
Feng Jianxiong said, and pushed a few pages of simple materials pinned together with paper clips to Shi Nicole lightly.
"The developer background of this Yeluzi office building project, called 'Yindi Plaza', is not strong, and the contractor responsible for the specific construction is a contractor who just changed his body two years ago.
And the most important thing is that I inquired about the design institute of this project, and invited the urban and rural planning and design institute, which asked for a very cheap price - I also specially found one or two engineers from the construction party, and deceived a few electronic versions of the structural design drawings under other names. I can confirm that this case is a picture made by a low-end designer with a template, and there is no brains at all. Such designers are not very good at mastering the new non-mandatory technical standards issued in the past two years at the first time, so it is estimated that the cases that come out are not known for their reasons......
In short, from top to bottom, it is a fish belly, just for us to practice. The first battle is very important, and if it is fought well, the next time it encounters a similar case, similar courts will learn from the previous judgments, and the defendants will also pay attention to the fate of their predecessors and shake their determination to resist. β
Shi Nicole wiped her mouth, read the things Feng Jianxiong had sorted out, including the page of the indictment that had been written, and remembered the key points that Feng Jianxiong had explained in her heart.
Regarding what Feng Jianxiong said at the end about the design institute, she didn't understand it very well, and she didn't understand the causal relationship too much. But it doesn't matter, anyway, Feng Jianxiong took care of it for the first time, and she will figure it out slowly in the future.
The girl put down the file and asked, "Then, I will go to the court tomorrow to file a complaint?"
Feng Jianxiong gave an affirmative answer: "Well, the first case is just for me to prosecute." Later, if there are many cases, you can copy this model, and you can help me 'free representation' in the name of the Legal Aid Center - anyway, I will give you a quarter of it in the end. After all, finding infringers, conducting preliminary investigations, writing indictments, and appearing in court all require energy, and I can't do it alone. β
"Good. β
Early the next morning, Feng Jianxiong was dressed in a suit, took a taxi out of the house in a graceful manner, and went straight to the city courtyard.
Shi Nicole wore a pink lace shirt, a narrow tube skirt and a short suit, and rarely wore black silk stockings, bright red high heels, and her hair was also ionized, and then tied into a single ponytail diagonally on one side, neatly trimmed.
If you let your classmates see it, they will almost not recognize that this is a natural Nickle.
The case that Feng Jianxiong wants to sue today is said to be not large, and it is not an important case.
However, because the article on hierarchical jurisdiction in the Civil Procedure Law stipulates that "major foreign-related cases and patent cases shall be under the jurisdiction of the Intermediate People's Court".
Therefore, if Feng Jianxiong keeps all the porcelain business in this field in the future, theoretically he will not have to deal with the grassroots courts at the district and county level for the rest of his life, and the starting point is the city intermediate court.
Nick Shi's level of civil procedure law belongs to the fact that she has just learned the law, and she has not yet reacted to the specific problems.
It was also when she was about to go out that she knew that she was going to the city courtyard today, and she was a little nervous.
"The first case in my life is directly the start of the middle court, it's so exciting......" The girl was in such a state of confusion and self-congratulatory all the way.
The court was very busy, and Feng Jianxiong was very experienced, so he rushed early in the morning to get the number. In addition, each division of the court has different acceptance windows for cases, and there are not many intellectual property dispute cases, so it is only an hour to get arranged.
There are three civil divisions: the first civil division, the second civil division, and the third civil division, the first division is in charge of family marriage and personal torts, the second division is in charge of contract disputes and commercial litigation, and the third division is dedicated to intellectual property rights.
If you take an extreme example, for example, if you are suing a credit card malicious overdraft case today, it is normal for it to be accepted in the afternoon - in those years, all the civil cases tried by courts across the country were added together, and the malicious overdraft of credit cards could account for as much as seventy or eighty percent. All criminal cases are taken together, and credit card fraud can also account for more than two-thirds. Those bank plaintiffs have filed thousands of lawsuits, which can be described as disgusting.
The materials submitted by Feng Jianxiong are very standardized and comprehensive, the complaint is clear, and the evidence is sufficient.
The claim is also clearly written: the defendant "Jinling Haosheng Engineering Company", as the contractor of the "Yindi Plaza" project, used the technology patented by the plaintiff without the plaintiff's authorization in the design and construction. Claim compensation of 100,000 yuan for the loss of authorization fees.
The amount is very clear, and the little girl at the reception window took out the calculator and pressed it for a while after reading it, and then asked Feng Jianxiong to pay the acceptance fee of more than 2,000 yuan.
These days, Shi Nicole has been used to seeing all kinds of expenses being spent.
Chaxin plus invalidation for the bureau, all kinds of travel, plus today's litigation fees, and even the agency fees for the initial patent application...... There are twenty or thirty thousand in total.
Shi Nicole herself has absolutely no courage to do this business.
When watching Feng Jianxiong take out the money, Shi Nicole couldn't help but think of a low-level question she asked half a month ago:
At that time, Feng Jianxiong asked her to handle the matter of "invalidation of the left and right fights", and after getting Wu Chen's professional opinions in the technical field, she had to find a patent agency to provide legal services.
Shi Nike thinks that this kind of thing can be done by herself, and it is a big deal to ask Professor Liu's office to borrow a shell and save a few thousand yuan.
As a result, this idea was scolded back by Feng Jianxiong in one sentence: "Are you so brain-pumping! Brother, these two utility models were borrowed from Professor Liu's shell when they were first applied. Now use someone else's name to declare them invalid, and you still use Professor Liu's shell as an agent.
Isn't that the representation of Professor Liu's law firm on both sides, and he beat himself up? Have you ever seen a case in which the lawyer hired by the plaintiff and the defendant came from the same law firm?
In addition to taking a small notebook and memorizing wildly, Shi Nicole can only endure the loving insults of Master Yan.
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At the end of the day, Jinling JN District.
Li Sheng, the owner of Haosheng Engineering, has just returned to the office from the construction site of "Yindi Plaza".
This project is a major project that Haosheng Engineering focuses on this year, and the developer, Greenland Group, hopes to complete the acceptance before the Lunar New Year, and the construction period is very tight, so Li Sheng also has to go to the site to supervise in person.
The office building does not need to be decorated internally, and now it has achieved the faΓ§ade structure of hanging glass curtain wall and dry-hanging stone, and I believe that it can be completed on schedule.
He was born as a contractor, and he earned his family business little by little, and he was not afraid of hard work. Even if the shotgun has been changed now, there are still many local habits in the early years that can't be changed-
For example, even though the cars have been replaced with Land Rover's SUVs, they often stuff electric hammers and rangefinders in the trunk, making a luxury car like a construction car, and the oil is everywhere.
As soon as she washed her face and drank a few sips of strong tea, the female secretary knocked on the door nervously and came in to report: "Boss, someone sent a lawyer's letter to our company yesterday......"
"What?" Li Sheng put down the large glass teacup, looking confused.
"It is said that our 'Silver Land Plaza' project infringes on the other party's patent rights. He also said that if he did not stop the infringement and did not pay the license fee, he would go to the Municipal Intermediate Court to sue us - and the developer would be listed as a co-defendant. β
Li Sheng suddenly felt that the tea in his mouth was very bitter, and it had a bit of an angry medicinal effect.