Details of patent infringement cases of dripping carpool: request for return to Beijing trial dismissed

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 Details of patent infringement cases of dripping carpool: request for return to Beijing trial dismissed


According to the ruling published by Judicial Documents Network on October 30, Tan Wei, He Zhanghong and Lai Bin believed that Beijing Xiaoju Technology Co., Ltd. (referred to as Xiaoju Science and Technology), Guangdong Pacific Internet Information Service Co., Ltd. (referred to as Guangdong Pacific) and Drop Travel Technology Co., Ltd. (referred to as Drop Travel) had infringed on him. They have patent rights for invention.

The patent name is carpool service system and method based on mobile terminals. The reporter consulted the website of the State Intellectual Property Office and found that the patent holders were Cen Yu-wu, He Zhanghong, Lai Bin and Tan Wei, and the application date was August 29, 2008.

The agents of He Zhanghong, Lai Bin and Tan Wei considered Xiaoju Technologies as the developer or manufacturer of drip-drip APP products, while the organizer of Pacific Network downloading drip-drip APP products was Guangdong Pacific, whose behavior of issuing drip-drip APP products constituted sales, and the operator of drip-drip-trip APP products was drip-drip-drip-drip. Travel. Therefore, the actions of the three defendants constitute infringement.

According to the ruling, Xiaoju Science and Technology raised objections to jurisdiction during the submission of its pleadings, believing that Guangdong Pacific was not a qualified defendant, but provided free downloads of APP drip trips on the Internet, did not implement patent methods involved, did not have direct or indirect infringement, and should not be listed as a defendant in the case. It should not be under the jurisdiction of the intellectual property court of Guangzhou. The case is not located in Guangdong. The place of infringement of the patent involved should be the place where the patent method involved is fully implemented, but there is no entity and action to implement the patent of the method involved objectively. In cases of infringement, cases should not be under the jurisdiction of the Guangzhou intellectual property court. Therefore, the case is requested to be transferred to the court of the defendants domicile, the intellectual property court of Beijing.

According to the ruling, the Guangzhou Intellectual Property Court held that the defendant Guangdong Pacific provided APP products for infringing infringements on its network platform. It was not inappropriate for the plaintiff to list the defendant Guangdong Pacific as the defendant. The defendant Guangdong Pacific was the qualified defendant in the case. Because the defendants domicile in Guangdong Pacific is in Guangzhou, and within the jurisdiction area, the plaintiff chose to bring a lawsuit in Guangzhou Intellectual Property Court, so the court has jurisdiction over the case according to the above provisions. The defendant Xiaoju Science and Technology advocated that the case should be transferred to Beijing Intellectual Property Court for trial. The Guangzhou Intellectual Property Court refused to support the case because of insufficient evidence.

As a result, the Guangzhou intellectual property court dismissed the objection raised by citrus technology to jurisdiction.

At present, the reporter has not yet received any other information about the patent infringement case.

According to Drop Travel official website, Xiaoju Technologies was established in Beijing in 2012 and launched a taxi APP, which was renamed Drop Travel in September 2015 and an express carpooling service in November 2015. Public information shows that since 2016, dripping trips have been repeatedly accused of patent infringement. Beijing News reported on October 9 that Mobai bicycle has filed four patent infringement lawsuits with the Suzhou Intermediate Court, demanding that the defendant Xiaoju Science and Technology and Hangzhou Qingqi Technology Co., Ltd. (Qingju bicycle) stop the infringement. The case involves patents such as the Green Orange Bicycle infringement on Mobai Bicycle Intelligent Lock, which was launched in January 2018 for drip trips. According to the judgment documents published on December 31, 2016 by the Judicial Documents Network, Easy to Use Vehicle has sued Xiaoju Science and Technology Co., Ltd. and Beijing Biao Infinite Science and Technology Development Co., Ltd. for infringement of invention patents. The case ended in the withdrawal of the vehicle. Source: Beijing News Editor: Wang Zheng _NN7526

According to Drop Travel official website, Xiaoju Technologies was established in Beijing in 2012 and launched a taxi APP, which was renamed Drop Travel in September 2015 and an express carpooling service in November 2015.

Public information shows that since 2016, dripping trips have been repeatedly accused of patent infringement. Beijing News reported on October 9 that Mobai bicycle has filed four patent infringement lawsuits with the Suzhou Intermediate Court, demanding that the defendant Xiaoju Science and Technology and Hangzhou Qingqi Technology Co., Ltd. (Qingju bicycle) stop the infringement. The case involves patents such as the Green Orange Bicycle infringement on Mobai Bicycle Intelligent Lock, which was launched in January 2018 for drip trips. According to the judgment documents published on December 31, 2016 by the Judicial Documents Network, Easy to Use Vehicle has sued Xiaoju Science and Technology Co., Ltd. and Beijing Biao Infinite Science and Technology Development Co., Ltd. for infringement of invention patents. The case ended in the withdrawal of the vehicle.