June
13, claiming to hold an intelligent audio server "patent inventor Cai
Yaohua, said at a seminar on the Apple iPod series of products that
infringe the patent.
Cai Yaohua said the patent in 1996 for the 2002 national invention patents. Carry
the inconvenience of the CD, tape, etc., can not be random recording
order to improve the technology, he studied a large capacity to store,
edit and playback audio device, and obtained the national patent.
In
2005, Cai Yaohua than Apple selling iPod products with its patented,
have the same storage capacity of large-capacity audio, editing and
playback features, tools and effects are basically the same material,
size, capacity, size differences or extended belong to its patent claims the scope of protection, infringement of his patent.
Cai Yaohua said, deserve protection under the protection of Chinese law, a period of 20 years of protection. Subsequently, Cai Yaohua negotiations with Apple. Disclosed
that Apple has to communicate with its $ 300,000 to buy the patent
reconciliation, but he believes it has patents of not less than $ 6
million.
After
several rounds of negotiations fruitless, Cai Yaohua in January 2008 to
the Wuhan City Intermediate People's Court: to stop the infringement of
Apple will be presented to the court a fine of three times the fine.
Caiyao
Hua said in the complaint, Apple without permission, without the
authorization of the use of China's first long high-capacity recording
and intelligent control of patented technology in its products,
according to the Patent Law of the People's Republic of China " 10 21 provides that the acts constitute a violation of China's invention patent.
An
Apple in court that the iPod series of products with the patent
involved in the technical program, did not fall into the scope of patent
protection, did not constitute patent infringement.
During April-November 2008, Wuhan City Intermediate People's Court hearing, but no outcome of the trial. The case has lasted four and a half years.
At
the same time, Apple also apply to the Patent Reexamination Board of
SIPO a smart audio server Cai Yaohua held the patent invalid. Recently, the relevant departments that the patent system "public technology", not as a patent.
Cai
appealed his conviction to SIPO Patent Reexamination Committee
initiated a lawsuit seeking to recover the patent invalid determine. Cai
Yaohua revealed patent invalidation procedure is still in progress,
also sued Apple's lawsuit because the associated suspended.
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