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Hongyuan obtains a complete victory over OSRAM, seeing the outcome of the six-year intellectual property case.

Date:2011-11-03     Content sources:Hongyuan

Beijing High Court announced that after several rounds of litigation, the six-year patent-infringement dispute between Shanghai Hongyuan Lighting & Electric Equipment Company Ltd. and OSRAM ended up with the final judgments of Shanghai High Court and Beijing High Court, declaring that Hongyuan obtained a complete victory over OSRAM on Oct. 24th, 2011. In the six-year war of rights defend, Hongyuan finally gained full victory without fear of power, arguing strongly on just grounds.

Hongyuan obtains a complete victory over OSRAM, seeing the outcome of the six-year intellectual property case.

In October 2005, OSRAM took Hongyuan to the Shanghai Second Intermediate People’s Court by the excuse of infringing its Chinese patent invention, Number ZL96191079.8, demanding Hongyuan to stop the manufacturing and sales of LVD OSRAM ENDURA. After a comparison between the Chinese invention-patent product, Number ZL96191079.8 and the Hongyuan induction lamp, intellectual property experts’ team of Hongyuan concluded as follows:

——Technical programs of the two sides are similar but not the same, and therefore, Hongyuan did not conduct infringement.

——In addition, the Chinese invention-patent Number ZL96191079.8 is a parametric optimization patent portfolio, in which the combined and preferred parameters are all unknown; what’s more, OSRAM ENDURA, composed by the upper preferred parameters, does not deliver obvious technical effect as expected.

On December 20th, 2006, Hongyuan coped with the litigation by non-patent-infringement defense method. Given the condition that facts were clearly found and the law was correctly applied, Shanghai Second Intermediate People’s Court announced that Hongyuan LVD induction lamp had no infringement action, admitting the intellectual property right of Hongyuan induction lamp, and declaring the defeat of OSRAM.

Without the consent of the judgment of Shanghai Second Intermediate People’s Court, OSRAM appealed against the decision to Shanghai High Court who finally admitted the independent patent core technology of Hongyuan confirming that facts were clearly found and the law was correctly applied, rejecting the appeal and sustaining the original due to a lack of truth and legal evidence.

On August 25th, 2008, the Patent Reexamination Board made decision No. 12102 declaring that the patent rights of OSRAM were completely invalidated, after reexamination of the invalidation request applied by Hongyuan. However, OSRAM would not give up, taking Re-evaluation Department, State Intellectual Property Office of the PRC to Beijing Number One Intermediate People’s Court with Hongyuan as the second defendant, and trying to obtain victory by denying reexamination of decision Number 12102.

From September 2008 to October 2011, based on the decision of Beijing Number One Intermediate People’s Court, State Intellectual Property Office of the PRC and Beijing High Court, Re-evaluation Department, State Intellectual Property Office of the PRC declared that the Chinese invention-patent of the accuser, OSRAM, was completely invalidated, terminating its “trash” patent and making sure the LVD induction lamp received the independent intellectual property rights of Hongyuan.

Going through six springs and autumns, Hongyuan obtains a complete victory at last. As a classic case of triumphing over a superior in the area of intellectual property anti-trust, this journey has been granted as one of the ten cases in China International intellectual property dispute. On the basis of gradually enhancing core technology advantages, Hongyuan will gather favorable resources, promote corporate value, strengthen and enlarge business and achieve a century-old enterprise. At the same time, by promoting the induction lamp on the global market and by accelerating the application and popularity of this energy-saving lighting technology on a global scale, Hongyuan represents the Chinese lighting brand, heading for the world, making a great contribution to save Earth energy and build a green home for humanity.