Mr. Huang won the first instance of Blue ray patent ownership dispute on behalf of clients
Recently, Zhihuan Law Firm received the civil judgment E 01 Zhi Min Chu No. 453 issued by Wuhan Intermediate People's Court. The plaintiff, Xiangyang Wentes Health Technology Co., Ltd., was represented by lawyer Huang Jibao and lawyer Feng Qingbo. In the case of patent ownership dispute with the defendants, Changsha Seclude Medical Technology Co., Ltd., Peng xx and Xiongx, the court of first instance supported all the claims of Wentes, with patent number ZL201811276704.6 The patent right of the invention entitled "a blue light detection device and the method of using the device to detect blue light" belongs to the plaintiff Xiangyang Wentes Company; The defendants Peng xx and Xiong x assisted in handling the transfer procedures; The defendant Peng xx and Seclude paid a reasonable right maintenance fee of 100,000 yuan to Xiangyang wentes.
1、 The main reasoning part of the judgment is as follows:
The disputed ZL201811276704.6, entitled "a blue light detection device and the method of using this device to detect blue light", is a patented technology for invention, which is directly implemented by Peng xx and Xiong x. Peng xx and Xiong x have labor relations with Ventex. The filing time of the patent application in dispute is less than one year since Peng xx and Xiong x left Ventex, which is technically related to Ventex's technology, and during the completion of the patented technology in dispute, Ventex provides necessary material and technical conditions for the technology. Therefore, the contested invention patent should be recognized as a service invention, and its patent right should belong to Ventex. The defendant Peng xx evaded the legal provisions on the ownership of the patent right of service invention, improperly transferred his patent application right and patent right, and his subjective fault was obvious, so he should bear the main responsibility for the dispute in this case. The defendant Seclude Company, knowing that the patent in dispute is not owned by him, still holds the patent in dispute for no reason, and has subjective fault, which causes the dispute in this case, shall also bear the corresponding responsibility.
2、 The judgment reflects the recognition and support for Zhihuan's agency work.
It is recorded on page 33 of the judgment that the evidence of this case shows that the plaintiff has signed a lawyer's appointment contract with the agency and actually supported the agency fee of 100000 yuan. After examination, the case belongs to a dispute over the ownership of patent rights. The plaintiff's lawyer collected, retrieved, sorted out and submitted multiple evidences for the investigation and evidence collection of the case; In addition, whether it is the identification and comparison data between the contested patented technology and other similar patented technology, or the collection and collation of evidential data involving labor relations, job relations, industrial and commercial registration information, it all takes a lot of mental and physical labor of the attorney. He has attended the court twice, participated in the court hearing, and compiled and issued detailed and detailed written agency opinions, The labor cost for this case is commensurate with the agency fee of 100000 yuan that should be charged. Therefore, the Court believes that the attorney's agency fee claimed by the plaintiff is reasonable and should be recognized as a reasonable fee, which should be borne by the two defendants Peng xx and Seclude.
3、 The technical background of the disputed patent.
The beneficial effect of the invention in dispute is: a blue light detection device, which is simple in structure and compact in size, can be conveniently used in the automatic iodine detector to determine the concentration of iodine in the sample to be measured, and the device also has the advantages of high detection sensitivity, high detection accuracy, simple operation and long service life.
The basic technical scheme for realizing the above beneficial effects is: a blue light detection device, including an intermediate connector, a blue light emission chamber and a signal acquisition chamber. The blue light emission chamber and the signal acquisition chamber are arranged on the intermediate connector at intervals. The blue light emission chamber and the signal acquisition chamber are hollow boxes inside. The blue light emission chamber is equipped with a group of light source generators that emit blue light, The inner wall of one side of the blue light transmitting room close to the signal acquisition room is provided with a through hole for the blue light emitted by the light source generator to pass through. The signal acquisition room is provided with an illuminance sensor for receiving the blue light emitted by the light source generator. The induction of the illuminance sensor does not pass through the inner wall of one side of the signal acquisition room close to the blue light transmitting room. The illuminance sensor is externally connected with a microprocessor. Further, the light source generator is a light emitting diode.