Beijing IP Court recently made first-instance rule in a patent infringment case between Danfoss and individual surname Hao and Zhejiang Hengsen Group, ordering the two defendants stop producing and distribution infringment products, and paid Danfoss 1.562 million yuan on compensation.

Danfoss is the patent owner of thermal valves (patent number:ZL200480014368.8). Previously, Danfoss accused the individual surname Hao and Zhejiang Hengsen Group of infringing its patent right, and demanded 70 million yuan in compensation in Beijing IP Court. Danfoss also asked them to stop producing and selling the offending products.

Danfoss held that offending products sold and distributed by defendants infringed its patent right. Hengsen Group's action of distribution of offending products without obtain permission constituted infringement. Hao argues that the turnout of products alleged of infringement is small, which could not cause loss for Danfoss. Hengsen Group argues that the label used on the offending products can't proved that they were made by Hengsen Group.

The court held that, even though Hengsen Group was reasonable to question the products bought by Danfoss, but Hengsen Group's technical solutions on its products fell into the protection scope of patent of Danfoss. Without permission, Hengsen Group infringed the patent right of Danfoss for making and selling the products and should take the responsibility by law. Hao, as another defendant, held the claim that the products he bought was not made by Hengsen Group but without evidence for products origin. And surname Hao admitted he had sold the same pattern products made by Hengsen Group, which infringed the patent rights of Danfoss. Accordingly, the court made the judement of first instance.

(China IP News)