Chapter 453 If you can't win, withdraw the lawsuit!

Li Weidong brought three boxes of evidence, one more than what Yang Xin had prepared.

The reason for this is that the technology used by Li Weidong is not his own, but purchased by four other engineering factories, and Li Weidong uses it free of charge.

Therefore, in addition to the certificates for purchasing technology provided by the four companies, Li Weidong also signed an agreement for authorized use with the four companies, so there was an extra box.

Yang Xin looked at the three boxes on the table and was shocked, then calmed down.

I'm bluffing, I really thought that Yang Xin was scaring me, and I could scare me with a few big boxes. Yang Xin curled his lips in disdain.

As a top intellectual property lawyer in China, Yang Xin is still well-informed. He did not feel flustered by the three boxes of evidence, but felt that Li Weidong was deliberately trying to scare people.

Yang Xin walked into the room and asked his apprentice to put two boxes of evidence on the table.

Court judges have also gone in recent years, picking up forms ready to record the evidence exchanged between the two sides.

In foreign civil cases, most of the evidence exchange is conducted privately by lawyers, and it is enough to provide a list of evidence to the court.

In domestic civil cases, the exchange of evidence is presided over by the court. The purpose is to clarify and fix the claims and disputes of both parties, and to provide procedural guarantees for the fairness and efficiency of civil litigation.

Professional lawyers were present on both sides, and the judges did not make any introductions. They just said what they should say, and then officially began the exchange of evidence.

According to the regulations, the person at that time needs to briefly explain the source, object and content of the evidence.

I saw Yang Xin took out a form and said, This is our evidence catalogue, please read the presiding judge.

On the evidence catalogue, there are the evidence number, the name of the evidence, the source of the evidence, the page number, and the facts and content of the evidence.

At the same time, the lawyers of Fukang Engineering also handed over their evidence catalog to the judges.

The judges looked at the evidence catalogues submitted by both parties, and then clicked, indicating that they could exchange evidence. At the same time, they asked both parties to count the evidence on the spot. If the evidence was correct, they would sign and seal a document to indicate that they had received the evidence.

Of course, the court will also shed a piece of evidence for filing.

The lawyer next to Li Weidong took over the list of evidence from the Komatsu Group. Li Weidong glanced at it by the way, with a smile on his face. The evidence provided by the Komatsu Group was within Li Weidong's expectations.

A foreigner's intellectual property lawsuit is nothing more than to come up with a bunch of technical test reports to prove that you have used their technology without their authorization.

On the other hand, Yang Xin also took over the evidence catalogue submitted by Fukang Engineering.

Technology authorization letter? Didn't Fukang Engineering obtain the technology authorization from Komatsu Group? Where did the technology authorization letter come from? Who authorized the technology to them? Yang Xin was at a loss.

Yang Xin felt that something was wrong, he subconsciously picked up a document and looked at the title.

A letter of authorization for the use of dual-pump dual-circuit hydraulic technology? I remember this technology, and the document provided by Komatsu contains the document for this technology.

Yang Xin hurriedly opened the power of attorney, but saw the authorized enterprise inside, named Emei Construction Machinery Factory.

Emei Construction Machinery Factory is a domestic enterprise. This dual-pump dual-circuit hydraulic technology is authorized by Emei Construction Machinery Factory to Fukang Engineering, and it is also a permanent free license!

Permanent free license, isn't this a free gift? Strange, I have been fighting intellectual property lawsuits for so many years, and this is the first time I have seen someone give away technology for free.

No, Komatsu Group clearly stated that the dual-pump and dual-circuit hydraulic technology used by Fukang Engineering belongs to their Komatsu Group. Why did another Emei Construction Machinery Factory pop up?

Is it the Emei Construction Machinery Factory that is really infringing? In this case, Emei Construction Machinery Factory will be listed as the first defendant, and Fukang Engineering will be listed as the second defendant, and the whole prosecution process has to go a little further, which is so troublesome!

Yang Xin was full of doubts,

Continuing to look through the evidence, Yang Xin saw a copy of the technology transfer contract.

There are two copies of this technology transfer contract, one in Chinese and the other in Japanese.

Yang Xin couldn't read Japanese either, so he read the Chinese contract directly.

The main content of the contract is Japan's Chiba Otsuka Hydraulic Works, which sold the dual-pump dual-circuit technology to China's Emei Construction Machinery Factory.

I also bought the technology of Emei Engineering. I understand that it was Chiba Otsuka Hydraulic who sold the dual-pump dual-circuit hydraulic technology to Emei Engineering, and Emei Engineering authorized this technology to Fukang Engineering!

Therefore, this evidence can prove that the dual-pump dual-circuit hydraulic technology used by Fukang Engineering is from Chiba Otsuka Hydraulics, not Komatsu Group.

Yang Xin instantly understood that this was a complete chain of evidence.

Fukang Engineering dares to take these contracts to court as evidence. The contract will definitely not be fake. Forgery of evidence is a crime, and it will be sentenced. Fukang Engineering has professional lawyers, and they will definitely not be stupid enough to use fake evidence to deceive me.

If the evidence of the Fukang project is true, it is that the Komatsu Group has made a mistake. The dual-pump dual-circuit hydraulic technology used by the Fukang excavator is not of the Komatsu Group at all, but of this Chiba Otsuka Hydraulic!

Thinking of this, Yang Xin was very depressed. He had prepared very well for this lawsuit, but he did not expect that the evidence provided by the client had gone wrong.

For lawyers, it is the worst thing to do on the client's side.

For example, some clients did not tell the truth to the lawyer at all, or concealed what they knew, or deliberately gave the lawyer some misleading and false evidence, which would affect the lawyer's work in their eyes.

When it comes to a lawsuit, one is not afraid of a god-like opponent, but a pig-like teammate.

I hope there is only a problem with this piece of evidence. Yang Xin comforted himself, and then picked up the next document.

The authorization letter for the use of rolling bearing technology? I remember that this is a core technology in the excavator slewing device! The evidence provided to me by the Komatsu Group also contains this thing.

The authorized party is Mengkuang Construction Machinery Factory, and it is an indefinite free license. There is also a technical procurement contract behind it, which was purchased from Japan's Nichiyo Seiko Co., Ltd.!

The authorization letter for the use of mechanical transmission control machine technology is authorized by Hengshan Construction Machinery Factory. This technology is purchased from Yokohama Power Co., Ltd. in Japan!

The authorization letter for the use of single boom oil cylinder technology is authorized by Yunji Construction Machinery Factory. This technology is purchased from Fukushima Oil Pump Manufacturing in Japan!

The authorization letter for the use of the push rack technology is authorized by Hengshan Construction Machinery Factory...

The authorization letter for the use of luffing drum technology, the authorizing party is Emei Construction Machinery Factory...

The authorization letter for the use of hydraulic control valve, the authorizing party is Mengkuang Construction Machinery Factory...

Yang Xin looked at more than a dozen contracts and found that each of them was a technical authorization letter, and they were indefinite and free, which was equivalent to giving the technology to Fukang Engineering for free.

The key point is that these technologies are all sourced from Japanese companies, and they are all purchased from Japanese companies by Hengshan Engineering, Mongolia Mining Engineering, Emei Engineering and Yunji Engineering.

In this way, the evidence provided by the Komatsu Group is all wrong! The technology used by the Fukang project does not come from the Komatsu Group.

Yang Xin immediately shook his head: This is impossible, Komatsu Group is a large international enterprise, it is understandable to occasionally make one or two mistakes, but all the evidence is wrong, how is this possible?

Komatsu Group engineers are not blind! Don't they even recognize their own technology? If Beverly Engineering didn't use Komatsu's technology, how could they file a lawsuit against me?

I understand that this is a trick of Fukang Engineering. He temporarily found his domestic counterparts, signed some technical authorization documents, and pretended that he was using these authorized technologies, but in fact they were using Komatsu's technology!

Fukang Engineering, don't you go to inquire about how many intellectual property lawsuits I have won by Yang Xin! Play this trick with me, you're still too young. I will expose your tricks now.

So Yang Xin said: I saw that the evidence submitted by the defendant included a lot of technology use authorization and technology transfer certificates. I also know that the defendant put forward these evidences to prove that Fukang Engineering did not use my client Komatsu. Group technology.

However, the technology use authorization letter and technology transfer certificate provided by you can only prove that your use of these authorized technologies is legal, but it does not prove that your excavators use the above technologies, much less that you do not have Infringement of intellectual property rights of Komatsu Group!

Therefore, we believe that the evidence provided by the defendant has nothing to do with our claims and the focus of the dispute in this case, and is invalid evidence. The defendant submits these so-called evidences as a waste of precious time. I hope the court will not accept it. these evidences.

The purpose of the exchange of evidence is to clarify and define the litigation claims and fixed focus of both parties. Therefore, the evidence provided by both parties must have three elements: truthfulness, legality, and relevance to the case.

Yang Xin directly pointed out that these evidences have nothing to do with the case, and hope that the court will not accept it, which is also a compliance requirement.

The judges looked to the lawyer representing Fukang Engineering, hoping to get an answer from him.

The lawyer representing Fukang Engineering immediately said: The lawyer representing the plaintiff, it seems that you do not know that the excavator technology that my client has been authorized is the same as that of the Komatsu Group.

Just like this dual-pump dual-circuit hydraulic, your Komatsu Group does have this technology, but Chiba Otsuka Hydraulic Works also has the same technology. Is it not illegal to purchase this technology from Otsuka Hydraulic Works?

The same is true for other technologies. Not only the Komatsu Group has mastered these technologies, but other Japanese companies also have the same technology, but only the Komatsu Group produces excavators, while other companies produce other products.

We legally purchased the same technology from other companies, and then, like the Komatsu Group, applied these technologies to the production of excavators. Can this be considered an infringement of Komatsu's intellectual property rights?

It's like you buy a pot to stew soup, and everyone else buys a pot for cooking, but this doesn't mean that all those who buy a pot, only you can cook soup, and everyone else has to cook! You can't say that it's an offense to you that someone else is making soup, is that the truth?

Other Japanese companies have mastered the same technology? There is such a thing! Yang Xin was surprised.

In the field of machinery manufacturing, there is basically no exclusive technology, because many technologies are originally common, and it is not uncommon for multiple companies in different fields to master the same technology.

This time it was Li Weidong, who went on to say: Let's not mention anything else, such as the engine of construction machinery, the same engine can be used by excavators, loaders, bulldozers, and road rollers.

Mr. Yang, if you don't believe it, you can take the evidence we provided and go to the Komatsu Group for verification. The Komatsu Group is a Japanese company, and it shouldn't be difficult to verify this information!

Hearing this, Yang Xin's face turned ashen. He knew that if what Fukang Engineering said was true, then this lawsuit would not be won at all!

However, judging from Li Weidong's fearless appearance, it seems that everything he said is true!

...

Shota Sakamoto was holding the phone and talking to the Japanese headquarters.

Chiba's Otsuka Hydraulics, their dual-pump dual-circuit hydraulic technology is the same product as ours, Fujii Machinery Research Institute? Otsuka Hydraulics is also a long-term sponsor of Fujii Machinery Research Institute, so they also obtained the same from there. technology?

Our Komatsu Group has always cooperated with Yokohama Power. The mechanical transmission used in the traditional system of our PC100 excavator was developed by Yokohama?

The rolling bearing used by the PC100 excavator was developed by Nichiyo Seiko with the help of us? I heard that Riyo Seiko has sold this technology to more than a dozen companies?

The boom cylinder was developed by Komatsu and later sold to Fukushima Oil Pump? Why should our technology be sold to a tutoring oil pump? What? To recover R\u0026D costs!

After putting down the phone, Shota Sakamoto showed an angry expression. He found out that all the technologies in Komatsu excavators can be purchased from other Japanese companies.

In other words, Li Weidong obtained the same technology of Komatsu Group from other Japanese companies, and did not infringe the intellectual property rights of Komatsu Group.

Whether there is such cutting-edge technology in excavators, it is normal for companies to sell to each other.

After all, foreign technology research and development mainly relies on enterprise leadership and investment. In this case, it is necessary to reap as many returns as possible. If you don't buy and sell, how can you get returns!

When Shota Sakamoto was depressed, the secretary came in to report, and lawyer Yang Xin came.

When Yang Xin came to Sakamoto Shota's office, the first thing he did was to ask if Japan had verified the source of these technologies. And when he saw Sakamoto Shota's bitter expression, he already knew the answer.

Just listen to Sakamoto Shota said; If an excavator is disassembled into separate working parts, these working parts can indeed be used on other machines, which means that technically, there is indeed a general purpose.

But I didn't expect that the Fukang project was so cunning. It bought these technologies from different companies, and then integrated and assembled them, and finally made the same excavator as our PC100.

Yang Xin shook his head helplessly: If this is the case, then the Fukang project does not constitute an infringement of Komatsu Group's intellectual property rights, because these technologies are not unique to the Komatsu Group, and the Fukang factory legally obtained technologies from other Japanese companies, not Infringement, we can't win this lawsuit.

No, the FK501 excavator from Fukang Engineering must have copied our PC100. Shota Sakamoto said decisively.

But we have no evidence! Yang Xin replied.

I have evidence! The companies that have authorized the use of Fukang engineering technology this time are Hengshan Engineering, Mongolia Mining Engineering, Emei Engineering and Yunji Engineering.

Originally, these four companies planned to jointly introduce our PC100 excavators. They have already negotiated several times, and the price was almost reached, but they suddenly gave up the introduction!

I guess they must have successfully copied the PC100 excavator, so they stopped the introduction of the negotiation. Sakamoto Shota said.

Yang Xin shook his head: This is not evidence, because there is no way to prove the infringement of Fukang Engineering. Even if your speculation is correct, the four companies you mentioned have legally purchased technology, and then legally The authorization was granted to Fukang Engineering for use, and there was no infringement of intellectual property rights during the entire process.”

I still have, the mechanical parameters are the evidence! Sakamoto Shota continued: The parameters set by each component of Fukang's FK501 excavator are exactly the same as our PC100, which is enough to prove that Fukang Engineering plagiarized our products! We have test reports.

What are the component setting parameters you said? Yang Xin asked.

There are too many, such as hydraulic pressure, such as engine speed adjustment, such as the fuel injection speed of the oil tank, there are more than a dozen items in total! Sakamoto Shota said.

Yang Xin frowned and thought for a long time, then shook his head again: This is useless. The working state of mechanical equipment does not belong to the scope of intellectual property rights.

Let me give a simple example. It's like a car. Some cars idle faster, and some cars idle slower. This is entirely dependent on the adjustment of auto parts.

If Toyota's car and Honda car's idle speed adjustment is exactly the same, then they will sue each other for intellectual property infringement? Obviously not possible.

And many mechanical equipment needs to be adjusted to a certain parameter in order to maintain the best working state. In this case, all enterprises will use the same parameter.

Therefore, the adjustment of component parameters alone cannot be used as evidence to sue Fukang Engineering for intellectual property infringement. No court in the world will accept such evidence.

Then there's nothing we can do? Sakamoto Shota asked.

Yang Xin shook his head honestly: There is no way, we can't win this lawsuit. Mr. Sakamoto, as your lawyer, I propose to you, in order to avoid more losses, you should withdraw the lawsuit!

Withdraw the lawsuit? Isn't that no benefit? Sakamoto Shota said unwillingly.

Not only is there no benefit, we may have to apologize to Fukang Engineering and compensate them for their losses. Yang Xin said helplessly.

Why! Sakamoto Shota was very unconvinced.

Let's not say anything else, at least the lawyers of Fukang Engineering, I'm afraid we have to pay! Yang Xin went on to explain: In intellectual property litigation, it is normal for the losing party to pay the winning party's lawyer fees!

Then the lawsuit doesn't mean that I didn't get a penny in compensation, and I still have to pay him? Sakamoto Shota's appearance became more and more annoyed.

Seeing Shota Sakamoto like this, Yang Xin felt a little dark.

Little Japan steals chickens without losing rice, and deserves it!

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