Dyson wins another infringement action in China

2013-07-08

Recently, Beijing No.2 Intermediate People’s Court made out the first instance decisions on three cases brought by Dyson Technology Limited and Dyson Limited, represented by Lifang lawyers Sun Xi, Zhang Lei and Zhang Yun, against two Chinese companies for infringement upon Dyson’s invention, utility model and design patents. The court ordered cease and desist and awarded Dyson economic compensation of RMB530,000 and reasonable litigation costs of RMB30,000.

Dyson Technology Limited and Dyson Limited are well-known supplier and innovator of high-end home appliances. Dyson developed the bladeless fan which is a great market success with its simple structure, fashionable look, superb performance and good safety. In the end of 2008, Dyson filed a number of patent applications for its invention, utility models and designs to the State Intellectual Property Office (SIPO) and were granted patents.

In the cases just won, Lifang lawyers produced sufficient evidence proving that the two defendants jointly manufactured, offered to sell and sold bladeless fan products which fell into the scope of protection of Dyson patents, thus constituted joint infringement and should bear joint and several liabilities. Defendants used prior art defence to deny the infringement. One defendant also produced evidence to argue that it was but the landlord who rent the workshop to the other defendant. In return, Lifang lawyers cited available evidence and applicable laws and presented elaborated reasoning to rebut defendants’ arguments. Eventually, the court did not support the two defendants’ grounds of defense and ordered both of them to cease infringement and bear joint liability.

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