Chapter 377: Unconsciously Wanting to Use Old Tricks
Huang Zhongyi and the general manager left with smiles all over their faces.
For some reason, when Lawyer Tang said, "I'll take this case," they inexplicably felt a sense of security.
It seemed that as long as Lawyer Tang took the case, there was nothing to worry about.
Clearly, this Lawyer Tang was not skilled in intellectual property, and it could even be said that he had no prior cases in the field.
But still, they felt at ease, such ease that even Director Zhang from the capital couldn't bring them.
Old Tang sent them out; after all, they were big clients, and it's no exaggeration to say that if he could handle the case, the rest of the year's expenses wouldn't be a concern.
He could spend as he wished!
The case did not involve contingency fees because Huang Zhongyi's side felt it wasn't necessary.
If they sought out Old Tang, it was because they trusted him. For the company, losing the lawsuit would mean bankruptcy, so the lawyer fees didn't matter.
But if they won the case, it would be fine—it would be charged as protection expenses, meaning the other party would pay the lawyer fees.
Old Tang studied the judgment document carefully; having lived through two lifetimes, he hadn't dealt much with intellectual property lawsuits, so this was a first.
The judgment was thick, particularly thick, with entire sections dedicated to comparing the technical content of both parties.
This is typical of such cases. Patent infringement, especially with invention patents, is particularly cumbersome to prove.
Production technology-type patents have a whole process outlined in the patent documentation, for example, what pressure a gas reaches after being compressed and then what machine heats it, and so on.
There are ranges for these values, which is why on-site inspection is necessary.
It's a complete process: what device the gas enters, what reaction occurs inside, what the pressure is, what the temperature is, how it's pressurized, how it's heated.
And what machines are used—all clearly recorded in the patent.
So, to determine infringement, one must list the defendant's production technology and compare them item by item.
There are no shortcuts here; it must be analyzed by professionals.
Law can take shortcuts through certain methods, but when it involves technical aspects like this, you can't doubt it. What's there is there.
When applying for the patent, detailed tests were conducted on possible data ranges. The maximum and minimum pressures are clear.
If your process and theirs are nearly identical, are you saying it's a coincidence?
There aren't that many coincidences.
Old Tang activated his Photographic Memory; while this kind of professional material was hard to grasp, he had to understand a little.
At the very least, he couldn't be clueless when asked.
If a patent involves manufacturing a new product, proving infringement is much easier.
Why? Because Article 66 of the "Patent Law" stipulates that for patent disputes involving the manufacturing method of a new product, the party producing the same product must prove their method differs from the patented one.
This is what we usually refer to as the reversal of the burden of proof, but this only applies to new products; not all patent infringements apply to this...
Through the judgment, Old Tang also saw that some data and processes were indeed different.
Director Zhang from the capital is a big name in the field of intellectual property, yet he didn't completely win the case.
Thus, Old Tang didn't plan to continue down this path, at least not for now; he could tell it wasn't feasible.
Moreover, Old Tang believed that on-site inspection couldn't fully reflect the situation.
Especially if the other side was prepared, data could be adjusted, and some machines could be temporarily altered.
So it came back to those four individuals.
With his Photographic Memory, he had memorized the content of the judgment.
Sitting in the chair, Old Tang quietly closed his eyes and began to think; under these circumstances, how could he handle this case?
The key was still evidence collection. Without the reversal of the burden of proof, his side had to provide sufficient evidence.
Time passed slowly, and soon it was a new day.
Old Tang, as usual, had a bowl of millet porridge with fried dough sticks and eggs; after eating, he arrived at the law firm.
Wang Qingqing was already waiting at the door. Upon seeing Old Tang coming in, she said, "Brother Tang, Mr. Huang called. He said all four individuals have been contacted."
"We can meet them today, but the one who left the company is currently not in Jingzhou; he's in Hannan Province."
Old Tang nodded, "No rush, one at a time."
Mr. Huang and others didn't quite understand Old Tang's intention to meet these individuals.
Even if someone did leak secrets, could he tell by just meeting them once?
However, considering it was Tang Fangjing who suggested it, Mr. Huang immediately made the arrangements after returning.
Many mysterious things had happened with this man; normally, people burned that badly wouldn't survive, yet he was still lively.
Apart from a few scars on his face, he looked nothing like someone who had suffered such injuries.
And let's not even mention the late-stage cancer... people once bet on when Tang Fangjing would die, but they lost miserably. Now, no one bets on that anymore.