Chapter 231: A Ray of Light

Having access to the patent data of the new Nokia Mobile, Duke began to hand it over to Kerry for analysis and comparison.

In Kerry's space, there has long been an emulator of Apple's iphone series, Kerry quickly finished the analysis, the analysis results are very exciting, Kerry found more than 100 patented technology use, and nearly 200 suspected infringements, if it is not for the internal implementation logic of iOS to excavate, it is impossible to imagine that the iOS system uses so many patented technologies of Nokia mobile phones.

It's the closed iOS system that hides these sneaky practices.

After getting this data, Duke still couldn't be happy. Because although Kerry can analyze and compare these things, under normal circumstances, the existing technical means are basically unable to prove these infringements. Unless Duke can get his hands on the source code of the iOS system.

But this is obviously wishful thinking, and the iOS source code, while not more tightly guarded than Coca-Cola's recipe, is definitely one of the world's few secrets.

It is more difficult for Duke to interpret the information that Kerry has analyzed in his normal mind.

So, with this list of patent infringements, it won't be much different for Duke.

For Duke, there is nothing more painful in the world than this, knowing that the other party has done something bad, but he can't speak out, and his life is so aggrieved, which can be regarded as an extremely rare experience.

"Caicai," Duke got Kerry's result, but he couldn't take out the result as evidence in court, and couldn't help but call Cai Siqiang and complain about this aggrieved thing. "I found some signs that Apple is using our patents, but I can't prove it with conclusive evidence, so you bring your legal counsel over and let's discuss how we can use these things to fight back against Apple."

In the face of such an important matter, Cai Siqiang, of course, did not say a word and pushed away the matter at hand, and directly brought the legal counsel and Zhao Jianwu over.

"You see, the method implemented in our company's SMS patent is like this, let's look at Apple's function in this SMS implementation, is it implemented using some of the technologies in our patent?" While explaining his findings, Duke tried to use the characteristics of Apple's phone to illustrate the signs of infringement.

"It's very similar, but if we don't have direct evidence that his implementation logic is to use our patented method, then we can't sue the other party just like that." The legal counsel carefully studied Duke's findings, but shook his head.

"Does the patent infringement have to be proved by the accuser? Can you get the other party to provide evidence to prove that it is not produced according to our patented technology? Duke asked, he doesn't know a lot about legal matters, especially intellectual property relations, which are more professional, and ordinary people can't figure it out at all.

"Patent infringement disputes are not without the reversal of the burden of proof. But this case is very peculiar. "Legal advisors are experts who know all about this.

"According to the professional subdivision, the patented method can be subdivided into manufacturing methods, testing methods, processing methods or communication methods, etc. However, in a patent infringement case, the reversal of the burden of proof can only be the type of manufacturing method, and it must be the manufacturing method of the new product. ”

"The condition for judging this new product is that the product is significantly different from similar products existing before the patent application date in terms of product composition, structure, or its quality, performance and function."

"Judging from the suspected infringement of the SMS function you provided, there is no such premise, so it is impossible to apply to the court for a reversal of the burden of proof."

Duke seemed to understand a series of professional answers from legal counsel, but in the end, Duke heard clearly, that is, it is not feasible to solve this patent litigation threat by reversing the burden of proof.

"Is there any other way to solve this problem?" Duke asked.

"Another way is to accurately grasp the logic of the other party's implementation of this function is the same as our patent logic, such as getting the source code of the other party's implementation." Legal counsel said.

Doesn't this mean that he didn't say it, Duke heard that there was a way, and he was originally full of hope, but when he heard this, he almost didn't choke, and his brother was able to get the source code of the implementation, and hundreds of infringements could be found. I still need to say it.

"Duke, did you find anything else?" Cai Siqiang originally had great hopes, looking forward to Duke bringing a miracle to everyone again.

"There are quite a few more found, but they are basically similar to this one, and I can't find direct evidence." Duke said. "I use this phone a lot, and after looking at our patents, I found that there are so many patents that Apple has the possibility of infringement."

Anyway, these buddies are all henchmen, and although the legal counsel is not counted yet, the understanding of the technology industry should not be too in-depth, so Duke is not afraid to expose his super ability. Kerry's findings were counted one by one.

"Damn, Apple may have used so many of our things" Listening to Duke count these possible infringing functions, Cai Siqiang's eyes widened. "I still think these are their originals, it turns out that our patent is also a treasure trove, if you can catch their handle, you have to kill them."

"The thief shouted to catch the thief and threatened us with this thing. In this world, robber logic still prevails. Cai Siqiang said indignantly. It's just that these things are just suspicious, and in the eyes of legal counsel, they are not enough to become evidence in court.

Zhao Jianwu silently listened to Duke's functional doubts, "Duke, give me a list of your discoveries in a while, and I will organize people to dig deeper to take a look." ”

Although Duke's discovery today did not bring any big surprises to everyone, being able to have so many clues can be regarded as a ray of light for everyone.

If there is an opportunity to force Apple to sit down and negotiate, and play these things as hole cards, it may have unexpected effects. Thinking of this, Cai Siqiang was also a little relieved, he couldn't be too demanding of Duke, and he could find so many doubts in such a short period of time, Duke must have worked very hard.

This is not only to be very familiar with the functions of the mobile phone, but also to learn how to combine their own patents to look at the other party's functions, in order to find out some of the clues. Cai Siqiang didn't expect Duke to have a big killer like Kerry.

"Duke, don't work too hard." Cai Siqiang walked over and patted Duke on the shoulder and said. "Physical health is also important, although these things are a threshold for us. But we don't necessarily have to be forced to death by this phone. ”

"I'm fine." Duke smiled, this buddy concern was as warm as the warm spring sun. "Wait, I'll figure it out."