2012年6月13日星期三

Apple is alleged to have infringed the individual invention patents

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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