Epson China and Yichang Chuxing Weye Computer Limited Company have raised an objection over the jurisdiction of the case brought on them by Print-Rite.
Last September, Print-Rite, one of the largest remanufacturers in the world, took action in the YiChang Intermediate People’s Court against Epson China (Epson) and Yichang Chuxing Weye Computer Limited Company (Chuxing). Print-Rite believes that certain models of inkjet cartridges sold on the Chinese market under the “EPSON” trademark, infringes its patents. Print-Rite wants Epson to stop infringing their patents and to collect damages.
According to the latest information obtained by RT Media, Epson responded to Print-Rite’s suit within the prescribed time limits permitted. The OEM raised an objection to the case jurisdiction, saying that the matter should not be heard in YiChang Intermediate People’s Court, but rather in the Beijing Intellectual Property Rights Court, because the company itself is located in the Chaoyang District of Beijing.
As stipulated in Articles 22 and 29 of “the Civil Procedural Law of the People’s Republic of China,” a lawsuit brought on a “tortious” (intentional harm to someone’s business) act should be considered under the jurisdiction of the people’s court in the actual place where the “tort” (the act that brings harm to someone) is committed or where the defendant resides.
However, where the business addresses of several defendants in the same lawsuit (in this case Epson and YiChang) are in the areas under the jurisdiction of two or more people’s courts, then any or all of those courts can have jurisdiction over the lawsuit.
Therefore, the YiChang Intermediate People’s Court dismissed Epson’s objection because the other defendant, Chuxing, has its registered business address in its zone.
At the same time, Epson has also filed an invalidation request to the Patent Re-examination Board of the State Intellectual Property Office.
Details:
http://www.irecyclingtimes.com/News-Detail?news_column_id=9&news_id=6332
