Reborn Industrial Tycoon

Chapter 454: We can’t win, drop the lawsuit!

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

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

Therefore, in addition to the vouchers for purchasing technology provided by the four companies, Li Weidong also had authorization agreements signed with the four companies, so there was an extra box.

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

"This is a bluff. I really thought that Yang Xin, I, was so intimidated that he could scare me with just a few big boxes." Yang Xin curled his lips in disdain.

As a top intellectual property lawyer in China, Yang Xin is well-informed. He did not panic because of these three large boxes of evidence. Instead, he felt that Li Weidong was deliberately trying to scare people.

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

The judges of the court have also walked away in recent years, picked up the forms, and prepared to record the evidence exchanged by the two parties.

In foreign civil cases, evidence exchange is mostly conducted privately by lawyers, who only need to provide a list of evidence to the court.

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

Both sides had professional lawyers present, and the trial officers did not make any further introductions. They just said what needed to be said, and then the exchange of evidence officially began.

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

Yang Xin took out a form and said, "This is our evidence catalog. Please have it reviewed by the presiding judge."

The evidence catalog contains the evidence number, the name of the evidence, the source of the evidence, the page number, as well as the facts and content of the evidence.

At the same time, Fukang Engineering’s lawyer also handed over his catalog of evidence to the judges.

The trial personnel looked at the catalog of evidence submitted by both parties, and then clicked, indicating that the evidence could be exchanged. At the same time, both parties were asked to count the evidence on the spot. If the evidence was correct, they signed and stamped a document to indicate that they had received the evidence.

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

The lawyer next to Li Weidong took over the evidence list from Komatsu Group. Li Weidong glanced at it with a smile on his face. The evidence provided by Komatsu Group was what Li Weidong expected.

When a foreigner files an intellectual property lawsuit, it means nothing more than producing a bunch of technical test reports to prove that you used their technology without their authorization.

On the other side, Yang Xin also received the evidence catalog 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? And who authorized the technology to them?" Yang Xin was suddenly confused.

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

"Authorization letter for the use of dual-pump dual-circuit hydraulic technology? I remember this technology. The documents for this technology are among the documents provided by Komatsu."

Yang Xin hurriedly opened the authorization letter and saw the authorized company inside, named Emei Engineering Machinery Factory.

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

Permanently free license, doesn’t this mean giving away technology for free? It’s strange, I have been fighting intellectual property lawsuits for so many years, and this is the first time I have seen someone give someone else’s technology away for free.

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

Could it be that the Emei Construction Machinery Factory is the real infringer? In this case, Emei Construction Machinery Factory will be listed as the first defendant, and Fukang Engineering will be listed as the second defendant. The entire prosecution process will have to go through again, which is very troublesome!"

Yang Xin continued to check the evidence with doubts in his mind, and then 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 looked directly at the Chinese contract.

The main content of the contract is that Japan's Chiba Otsuka Hydraulic Manufacturing Co., Ltd. sold the dual-pump dual-circuit technology to China's Emei Engineering Machinery Factory.

"Emei Engineering also bought its technology. I understand, it was Chiba Otsuka Hydraulics that sold the dual-pump dual-circuit hydraulic technology to Emei Engineering, and Emei Engineering licensed this technology to Fukang Engineering for use!

Therefore, this piece of evidence can prove that the dual-pump dual-circuit hydraulic technology used by Fukang Engineering comes 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 contracts are definitely not fake. Forging evidence is a crime and requires a prison sentence. Fukang Engineering has professional lawyers, and they will definitely not be stupid enough to deceive me with fake evidence.

If the evidence of Fukang Engineering is true, it means that Komatsu Group made a mistake. The dual-pump dual-circuit hydraulic technology used in Fukang excavators is not from Komatsu Group at all, but from Chiba Otsuka Hydraulics!"

Thinking of this, Yang Xin was very depressed. He had been fully prepared for this lawsuit, but he did not expect that there was a problem with the evidence provided by the client.

For a lawyer, the worst thing that can happen is the problem with the client.

For example, some clients do not tell the truth to the lawyer at all, or conceal what they know, or deliberately give the lawyer some misleading and false evidence, which will seriously affect the lawyer's work.

When it comes to litigation, you are not afraid of god-like opponents, but you are afraid of pig-like teammates.

"I hope only this piece of evidence is problematic." Yang Xin comforted himself, and then picked up the next document.

"Rolling bearing technology authorization letter? I remember this is a core technology in the excavator's slewing device! This thing is also included in the evidence provided to me by Komatsu Group.

The authorizing party is Mengkuang Engineering Machinery Factory, and the authorization is free for an unlimited period. There is also a technology procurement contract at the back, which was purchased from Nippon Seiko Co., Ltd. in Japan!

Mechanical transmission control machine technology use authorization letter, the authorizer is Hengshan Engineering Machinery Factory, this technology was purchased from Yokohama Power Co., Ltd. of Japan!

Single boom cylinder technology authorization letter, the authorizer is Yunji Engineering Machinery Factory, this technology was purchased from Fukushima Oil Pump Manufacturing Co., Ltd. in Japan!

Authorization letter for the use of push rack technology, the authorizer is Hengshan Engineering Machinery Factory...

Luffing drum technology use authorization letter, the authorizer is Emei Engineering Machinery Factory...

Hydraulic control valve use authorization letter, the authorizing party is Mengkuang Engineering Machinery Factory..."

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

The key thing is that these technologies all come from Japanese companies, and Hengshan Engineering, Meng Mining Engineering, Emei Engineering and Yunji Engineering all purchased them from Japanese companies.

"It seems that all the evidence provided by Komatsu Group is problematic! The technology used by Fukang Engineering does not come from Komatsu Group."

Yang Xin immediately shook his head: "This is impossible. Komatsu Group is a large international company. It is understandable that one or two mistakes will occasionally occur, but all the evidence is wrong. How is this possible?

The engineers of the Komatsu Group are not blind! Can’t they even recognize their own technology? If Fukang Engineering did not use the technology of the Komatsu Group, how could they bring a lawsuit against me?

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

Fukang Engineering, why don't you ask me how many intellectual property cases I, Yang Xin, have won! You are too young to play this trick with me. I will expose your trick now."

So Yang Xin said, "I saw that among the evidence submitted by the defendant, there were many technology use authorization letters and technology transfer certificates. I also know that the defendant submitted these evidences to prove that Fukang Engineering did not use my client Komatsu

Group's technology.

However, the authorization letter for the use of these technologies and the technology transfer certificate you provided can only prove that your use of these authorized technologies is legal, but it does not prove that your excavator uses the above technologies, let alone that you do not

Infringement of Komatsu Group’s intellectual property rights!

Therefore, we believe that the evidence provided by the defendant has no connection with our litigation claims and the focus of the dispute in this case, and is invalid evidence. The defendant's submission of these so-called evidence is a complete waste of precious time, and we hope that the court will not accept it.

This evidence."

The purpose of evidence exchange 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: authenticity, legality and relevance to the case.

Yang Xin directly stated that these evidences were not relevant to this case and hoped that the court would not accept them, which was also a compliance request.

The judges looked at the lawyer representing Beverly Engineering, hoping to get answers from him.

The lawyer representing Fukang Engineering immediately said: "Plaintiff's lawyer, it seems you don't know that the excavator technology authorized by my client is the same as the technology mastered by Komatsu Group.

For example, this dual-pump dual-circuit hydraulic system. Your Komatsu Group does have this technology, but Chiba Otsuka Hydraulic Manufacturing Co., Ltd. also has the same technology. Is it not illegal to purchase this technology from Otsuka Hydraulic Manufacturing Co., Ltd.?

The same is true for other technologies. It is not just the Komatsu Group that masters these technologies. 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 applied these technologies to the production of excavators like the Komatsu Group. Can this be considered an infringement of the intellectual property rights of Komatsu excavators?

It's like you buy a pot for making soup, while others buy pots for cooking, but this doesn't mean that for all the people who buy pots, only you can make soup, and everyone else has to stir-fry! You can't say

If others make soup, it is an offense to you, isn’t that true?”

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

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

The answer this time was Li Weidong, who continued: "If nothing else, just like the engine of construction machinery, the same engine can be used for excavators, loaders, bulldozers, and road rollers.

Lawyer Yang, if you don’t believe it, you can take the evidence we provided and go to Komatsu Group to verify it. Komatsu Group is a Japanese company, so it shouldn’t be difficult to verify this information!”

After hearing this, Yang Xin's face turned livid. He knew that if what Beverly Engineering said was true, then this lawsuit would not be won at all!

However, judging from Li Weidong's confident look, 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 as ours. They are all products of Fujii Machinery Research Institute? Otsuka Hydraulics has also been a long-term sponsor of Fujii Machinery Research Institute, so they also obtained the same technology from there.

technology?

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

The rolling bearing used in the PC100 excavator was developed by Nippon Seiko with our help? I heard that Nippon Seiko has sold this technology to more than a dozen companies?

The boom cylinder was developed by Komatsu ourselves and later sold to Fukushima Oil Pump? Why should our technology be sold to Tutoring Oil Pump? What? To recover the research and development costs!"

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

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

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

After all, foreign technology research and development mainly relies on corporate leadership and investment. In this case, it is necessary to reap as much return as possible. If you do not buy and sell, how can you get returns!

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

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

Just listen to Sakamoto Shota say: "If an excavator is disassembled into individual working parts, these working parts can indeed be used on other machines, which means that technically, they are indeed universal.

But I didn’t expect that Fukang Engineering would be so cunning, buying these technologies from different companies, then integrating them and assembling them, and finally making an excavator like our PC100.”

Yang Xin shook his head helplessly: "If this is the case, then Fukang Engineering does not constitute an infringement of Komatsu Group's intellectual property rights, because these technologies are not unique to Komatsu Group. Fukang Factory legally obtained technologies from other Japanese companies, and it is not

Infringement, we can’t win this lawsuit.”

"No, the FK501 excavator of Fukang Engineering must have copied our PC100." Shota Sakamoto said firmly.

"But we have no evidence!" Yang Xin replied.

"I have evidence! The companies that authorized the use of Fukang Engineering's technology this time are Hengshan Engineering, Mengkuang Engineering, Emei Engineering and Yunji Engineering.

Originally, these four companies planned to jointly introduce our PC100 excavator. They had already conducted several negotiations and almost reached an agreement on the price, but they suddenly gave up the introduction!

I guess they must have successfully copied the PC100 excavator, so they stopped negotiating for the introduction." Shota Sakamoto said.

Yang Xin shook his head: "This is not evidence, because there is no way to prove Fukang Engineering's infringement. Even if your conjecture is correct, the four companies you mentioned purchased the technology legally and then legally

The authorization was given to Fukang Engineering for use, and there was no infringement of intellectual property rights in the entire process."

"I still have it, and the mechanical parameters are proof!" Shota Sakamoto continued: "The parameters set for each component of Fukang's FK501 excavator are exactly the same as our PC100. This is enough to prove that Fukang Engineering has copied our products!

We have test reports."

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

"There are too many, such as hydraulic pressure, engine speed adjustment, and fuel injection speed of the oil tank. There are dozens of 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 status of mechanical equipment does not fall within the scope of intellectual property rights.

Let me give you a simple example, just like cars. Some cars will idle faster and some cars will idle slower. This all depends on the adjustment of car parts.

If the idle adjustment of Toyota's cars and Honda's cars are exactly the same, will they sue each other for infringement of intellectual property rights? Obviously it is impossible.

Moreover, many mechanical equipment need to be adjusted to a certain parameter to maintain the best working condition. In this case, all companies will use the same parameters.

Therefore, just that the parameters of the components are adjusted to be the same cannot be used as evidence to sue Fukang Engineering for infringement of intellectual property rights. No court in the world will accept this kind of evidence."

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

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

"

"Withdraw the lawsuit? Doesn't that mean you won't get any benefits?" Shota Sakamoto said with a look of reluctance.

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

"Why!" Shota Sakamoto was very unconvinced.

"If nothing else, at least we will have to pay for Fukang Engineering's lawyers!" Yang Xin went on to explain: "In intellectual property litigation, it is normal for the losing party to pay the winning party's legal fees!"

"Doesn't that mean that I haven't received a penny in compensation, so I still have to pay him?" Shota Sakamoto looked even more furious.

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

"The little Japanese stole the chicken but lost the rice. He deserves it!"

The update arrived today. Thank you to all the parents for your subscription, and thank you to all the big guys for your monthly votes! I accidentally got the lawyer's last name wrong in the last chapter. I wrote it smoothly, so I won't change it. Anyway, you know who is who.