Chapter 41 Confrontation in court

When both parties refused to settle outside the hall, the case of Daixi Bai tincture's infringement of Zhang Shi's burn cream was still held as scheduled.

Qin Xiao was a little uncomfortable when he saw Su Xiaoman, after all, he humiliated his father in her house, and he always couldn't get over his face, and he also felt uncomfortable at this time, but at that time, he had to send it, and this time he was just waiting for Su Xiaoman to scold him with his head and face.

However, Su Xiaoman did not react excessively when he saw Qin Xiao at the door of the county court, but said:

"Qin Xiao, long time no see."

Qin Xiao saw that Su Xiaoman took the initiative to talk to him, so he responded: "I was really embarrassed to be at your house last time......

Su Xiaoman sighed and said, "I'm sorry, forget it, my dad has a complete grudge against you, but your mouth is too unforgiving, but I think you are understandable." ”

When Qin Xiao heard Su Xiaoman say this, he couldn't help but be moved and delighted, and said, "How are you preparing for the case?" ”

Su Xiaoman said to Qin Xiao and Luo Chuan: "I basically have a clear grasp, I have also seen your actual report, and I will defend it according to your intentions." ”

Luo Chuan replied, "That's the best." ”

At nine o'clock, the court was opened, and Zhang Zhengguo's lawyer made it clear in his statement that the prescription of Daixi White Tincture was no different from Zhang's burn ointment, which was a commercial tort, and demanded that Daisy Pharmaceutical immediately give up the development and sales of this drug, and give Zhang's group compensation for the loss.

When the judge asked about the defendant, Su Xiaoman said:

"Mr. Judge, I think that although Daixi White Tincture is the same as Zhang's Burn Plaster in terms of pharmacy composition, the two belong to two different medicines, Zhang's Burn Cream belongs to external plasters, and Daixi White Tincture belongs to Chinese patent medicines that are taken both internally and externally, to be precise, it is mainly a medicine tincture for internal use." Saying that, Su Xiaoman took out the real number report that Luo Chuan gave her, and then said:

"My client conducted a blank control animal in his real yàn room on Daixi white tincture and Zhang's burn cream sold on the market, and each group tested the drug with ten mice, and added a placebo blank control group of ten mice. The results showed that in all the mice with artificially created wounds, the window healing effect of the belly of the mice in the Daixi white tincture group was obvious, and all wounds were basically healed in less than a week. The wound healing of the mice in the blank control group was average, and some of them had different forms of infection such as purulence, redness and swelling. After taking the drug internally, seven mice died, and three mice suffered damage to the nervous system and circulatory system. ”

"I protest!" Zhang Zhengguo is colorful.

The judge signaled that the protest was effective, Zhang Zhengguo straightened his clothes, got up and said: "Zhang's burn ointment of our Zhang Group clearly states on the instructions that this drug is a topical drug and cannot be used for oral administration and other methods, and the defendant ignored our instructions for use to test the drug, which is obviously deliberately ruining the brand reputation of our products!" ”

Seeing Zhang Zhengguo say this, Su Xiaoman glanced at the judge, and the judge signaled that Su Xiaoman could speak. So Xiao Man said: "We have no purpose to ruin the credibility of your product, just to prove that my client, Daixi White Tincture of Daisy Pharmaceutical Company, is an internal drug, and different from the external medicine of Zhang's burn ointment. ”

Zhang Zhengguo's lawyer immediately said: "Even if the defendant is true, we cannot accept the reliability and fairness of the defendant." ”

Su Xiaoman said: "In view of the suspicions of the plaintiff and his lawyer, my client, Mr. Luo Chuan, the legal person of Daixi Pharmaceutical, has also agreed to formally propose to the other party that the court will appoint a third-party supervision agency and participate in an animal realization. ”

Then, the secretary handed over Su Xiaoman's application and practical planning. The judge, a middle-aged man, read the plan for about ten minutes, and asked Su Xiaoman:

"Why do you use four groups of animal real yàn this time?"

Su Xiaoman then smiled and said: "In view of the grouping of the public practice this time, I propose that my client, Mr. Qin Xiao, the general person in charge of the argument about Daixi white tincture real yàn, will give an explanation. ”

The judge indicated yes. Qin Xiao knew that Su Xiaoman was afraid that this kind of professional problem would be prone to mistakes, and any statement in court should be used as the basis for argumentation, so he was very satisfied with Su Xiaoman, so he got up and said:

"Mr. Judge, our lawyer has just explained, and the instructions for use of the Daixi White Tincture drug we produced also clearly state that this drug is mainly taken internally, both internally and externally. Therefore, for the sake of comprehensiveness and fairness, I discussed with Mr. Luo Chuan, the legal representative of Daisy Pharmaceutical, and he agreed to add a group of animal real yàn groups of Daixi White Tincture that were taken both inside and outside. This is not only a better explanation of the issue sued by the plaintiff, but also in line with the spirit of scientific practice. ”

The judge nodded in agreement, and the colleague turned to the plaintiff and asked if he had any objections. The plaintiff's lawyer replied:

"I consulted my client, Mr. Zhang Zhengguo, and he agreed to carry out an open and fair animal practice, but in our practice, we asked to add another group of animal fruits, that is, a colleague who took Daixi white tincture internally and Zhang's burn cream externally."

"I protest!" Qin Xiao said immediately.

The judge signaled that the protest was valid. Qin Xiao got up and said, "As the person in charge of the entire medicine of Daixi White Tincture, I don't approve of this group of real yàn for two reasons. First, for the cost of the test, a group of mice that need to be aseptically cultured for several years need to be aseptically cultured, and when selecting test samples, it is necessary to select similar ones from various factors such as animal body elements, individual size, and living environment as real objects to ensure the authenticity of the results. Add a set of real yàn, and you need more experimental funds......"

Zhang Zhengguo grabbed the white and said: "We, Zhang's Group, are willing to bear the extra cost. ”

Qin Xiao continued: "Second, which is exactly what I want to say, even if the plaintiff is willing to provide the corresponding fees, this case is a commercial infringement case about whether the two drugs are similar enough, and I am useless for collecting evidence in this case when two drugs are used at the same time for a group of animals, and I even have reason to suspect that the other party has the purpose of figuring out the additional set of guò and obtaining my trade secrets." ”

At this time, Zhang Zhengguo's lawyer signaled something to add, and he said: "My client, Mr. Zhang Zhengguo, only agreed to carry out animal realization, but for the two drugs, it is not convincing to distinguish only from the efficacy, and my client only sued Daisy Pharmaceutical in this case for infringement of my client's patent in some processes, even if there are improvements in some processes." ”

Su Xiaoman protested, and the judge motioned for Xiaoman to speak. She then said calmly: "Regarding commercial infringement, especially the issue of patents, my client sued me that the process of Daixi white tincture produced by him is completely different from your Zhang's burn ointment, and as for the issue of infringement of certain processes raised by the opposing lawyer, my client and I do not know the process of making Zhang's burn ointment, and as to whether Daixi white tincture is infringing on certain processes, I implore you to produce solid and conclusive evidence, since you have no evidence, then our infringement is false." ”

The argument lasted for an hour and a half, and at the end of the jury held a public deposition of the case, asking both parties to bear the costs and personnel involved, and waiting for the outcome and the next court session to decide.

In addition to the gate of the court, Luo Chuan said to Su Xiaoman: "Xiaoman, I found that you are really a lawyer, Qin Xiao, are you right, Xiaoman's table just now is really amazing!" ”

Qin Xiao also said approvingly: "Xiao Man, I really have to thank you this time, I see Luo Chuan hurrying up, Xiao Man, the consultant lawyer, can't be in a false position......

Before Qin Xiao finished speaking, Luo Chuan understood and said: "Of course there is no problem, Xiaoman, not to mention the lawyer's fees this time, I will tell my father in the future, and directly Meiyu will give you a fixed salary, and he will definitely agree." ”

Xiao Man also felt that it was a super good feeling to be a lawyer just now, although it was only the first time to defend alone, and he had interned with many well-known lawyers before, and he was still a little nervous at the beginning this time, but this time, his confidence has increased greatly.

Luo Chuan suddenly asked Qin Xiao, "What do you mean when you say that Zhang Zhengguo wants to add a group of real yàn groups?" ”

Qin Xiao said: "I don't understand yet, his external medicine plus my internal medicine is the original recipe of the Seven Spirits Flower Scatter, he wants people to see the efficacy of the two together, even if he loses the lawsuit, the medicine will be famous." ”

Luo Chuan nodded, and Qin Xiao continued: "Can I let him take advantage of this?" His prescription for external medicine is simple and easy to make, but it has the advantage of applying for a patent, or we will do it ourselves, even so, we have spent a lot of effort to make internal medicine, and we can't give him this cheap in vain! ”

Xiao Man and Luo Chuan understood the reason, and the three of them discussed the next step, and then went back to prepare.

After the adjournment, Zhang Zhengguo asked Zhang Haojian in the car: "Do you know the lawyer from Daisy Pharmaceutical?" ”

Zhang Haojian said disdainfully: "Dad, you don't know this, no wonder you are so passive, this lawyer is the family business you always mentioned to me, it is Su Jingkun's daughter, called Su Xiaoman!" She was classmates with Qin Xiao and that Luo Chuan. ”

Zhang Zhengguo knew that this was the case, and he couldn't help but be shocked, and said solemnly: "This matter can't be delayed, you have to act quickly, and I have to talk to Lawyer Su's father......

When Su Xiaoman came home in the evening, his parents had already prepared dinner, and his mother was a staff member of the Family Planning Commission, who was humble and could be said to be conscientious in her husband and children.

When his father Su Jingkun was eating, he asked Su Xiaoman: "Xiaoman, I heard that you took a case alone for the first time today?" ”

"yes, you know that, what do you think?"

Su Jingkun said coldly: "I don't think it's good......"

Su Xiaoman is also the first time to hear her father pour cold water on herself like this, when she used to go to school, every time she got good grades and won a certificate, her father praised her, but this time she was surprised.

Su Jingkun hurriedly said: "Your classmates' affairs, you should help, but I have to tell you, although Zhang Zhengguo and I are not irreversible friends, but there is still friendship, you can't damage your father's friendship for the sake of your classmates' friendship, right?" ”

Su Xiaoman said disappreciatively: "Dad, the law is about evidence, fairness, not human feelings, if it is about human feelings, he Zhang Zhengguo should not sue Daisy Pharmaceutical in the first place." ”

"Okay," Su Jingkun said a little impatiently: "With your father, you are still in this ** law, and you don't talk about human feelings?" ”

Su Xiaoman smiled and comforted his father: "Okay, Dad, I know, as long as everyone can tolerate this matter, let's reconcile outside the hall." I thought so at first, but both of them disagreed. ”

Su Jingkun didn't want to interfere in this matter, and then said: "The focus of what I said is not this case, but your marriage, Zhang Zhengguo found me today and talked about this case, praising you for being shrewd and capable, I hope to find a time to meet his son Zhang Haojian, I will schedule him to meet tomorrow afternoon, after you get off work, the two will meet." ”

Su Xiaoman hurriedly said: "No, it's not that I won't go, it's not that I can't do it now." Dad, you also know that when this case was opened, his son Zhang Haojian was on the sidelines, and I went to see him now, which was evasive. ”

"It's decided, since you asked you to help defend it, don't you have this trust? If I don't trust you, I don't think you need to defend them. Su Ningkun said.

Su Xiaoman hurriedly said: "This is not a matter of friendship, this is a matter of professional ethics......

Su Jingkun said: "I agreed, I can't go back, what's wrong with going on a trip?" That's it. With that, Su Jingkun got up and went back to the study.

Su Xiaoman wasn't worried that Luo Chuan and Qin Xiao would doubt him, but he just felt that it was indeed a bit inappropriate to meet Zhang Zhengguo at this juncture - the son of the person who was facing the court, but there was no way, it was a big deal to see him tomorrow afternoon, and it was not that he had never seen him.

Su Jingkun paced in the study for a while, lit a cigarette and smoked, Su's mother saw that her husband was worried, and she was also puzzled, but she didn't dare to ask more, just brought a cup of tea and put it on the table for him.

Su Jingkun remembered that Zhang Zhengguo found him after work today, saying that he was at a loss when he encountered strong resistance from his daughter on the case, but he didn't say how unhappy he was. Of course, Su Jingkun himself also took care of his daughter, saying that since he is a lawyer in the child's work, he uses people's money and people to eliminate disasters, and he has no intention of offending Zhang Zhengguo.

After that, Zhang Zhengguo's behavior made Su Jingkun a little hesitant, it was not a matter of the two families, but Zhang Zhengguo gave him an excellent piece of jade, as well as a piece of Ming blue and white porcelain with a good color, and said that Qin Xiao opened a clinic in the commercial area, which was under his own jurisdiction and needed extra care.

To tell the truth, he didn't approve of Qin Xiao, but his daughter liked it tightly, which made him even more uncomfortable. Su Jingkun encountered one thing about Qin Xiao, but it was not a problem, one thing was that Zhang Zhengguo asked him to suppress Qin Xiao, and there were indeed many problems, first, he did not recognize Qin Xiao, that is, he did not want Qin Xiao to be his son-in-law; second, coupled with his father's daughter-in-law plot, Su Jingkun felt a little that Qin Xiao was fighting with him for the feelings of the only baby daughter; Third, this affected whether he could marry a giant like the Zhang family. In short, all kinds of feelings are mixed together, and Su Jingkun hates Qin Xiao very much now.

But Su Jingkun's bribery from Zhang Zhengguo today made him feel scruples. Do you really have a deep hatred for Qin Xiao? Of course not, and in all fairness, I have seen that Zhang Haojian, and I can't talk about him as a gentleman, but he looks like a person who is only willing and has no responsibility. Thinking of Qin Xiao's ridicule of himself that night, although he was very annoyed, he also felt in his heart that this was a bold and courageous behavior of the husband, if he was not the party concerned, he would also applaud him, but that Zhang Haojian never had this kind of courage.

Su Jingkun didn't know how long he thought about it this night, and when his mouth was dry, he filled in the new tea and drank it for a while, and then went to sleep.