Typical Cases – Legal+

Significant Negotiation

haihua — Fri, 17 Mar 2017 03:16:36 +0000

Brief introduction：
In the summer of 2015, the shareholders of an e-commerce company had disputes on running the business. Both the holding shareholder and the founding shareholder would like to purchase the counterparty’s share, so they could not make an agreement on the share transfer. The target amount is RMB 200,000,000.

The founding shareholder entrusted our team to represent him to negotiate with the holding shareholder. Our team assisted the client to design the negotiation plan, adjust the negotiation plan, and conducting the negotiation, finally, our team helped the client to purchase the share with a very reasonable price. And this client entrusted our team to be the legal counsel.

Highlights：

Conducting investigation in advance is very important. Despite those objective information, such as data, certificate and etc., some subjective information is also very important, such as the personality of the representative of the counterparty, the relationship among the parties and etc..

Adjusting the pace, arrangement, negotiators flexibly could guarantee success.

A Copyright Criminal Case

haihua — Fri, 17 Mar 2017 03:12:48 +0000

The defendant has reprinted more than 3000 novels of “Qidian Website” (one of the biggest Chinese novel website), finally the defendant was only ruled for probation

Brief introduction：

The defendant Zhao was claimed for reprinting more than 3000 novels of “Qidian Website” to his own website “Guan XX”. “Qidian Website” has the exclusive license of those novels. Zhao had made profits amounting to millions by selling commercial advertisement on his own website. Zhao was under arrest by Putuo Sub-bureau of Shanghai Public Security Bureau.

The wife of Zhao entrusted us to be his defense attorney. After analyzed the appraisal issues and the said profits of the commercial advertisement, finally Zhao was only ruled for a 3 years’ probation. In addition, “Qidian Website” claimed for the compensation amounting to RMB 9,000,000, after negotiation, the amount was reduced to RMB 2,500,000.

Highlights：

We use subtraction method in dealing with this case. The variables include the real quantity of the novels with the exclusive license, the degree of perfection of the relevant novels, the degree of similarity degree of the novels on the 2 websites, the formula for calculating profits. By applying those variables, we reduced the amount of profits and the quantity of the novels, which became the key reason in helping our client to get a lighter sentence.

Both the degree of perfection of the relevant novels, the degree of similarity degree of the novels on the 2 websites, have a huge influence on reducing the amount of compensation.

Patent Fight Between Two Giant Telecom Companies—- Retrial Case of the Supreme High People’s Court

haihua — Fri, 17 Mar 2017 03:08:11 +0000

Brief introduction：
Company Z claimed that Company H has used one of its patents in two telecom products, and brought the lawsuit to an intermediate people’s court in Shanxi province. The court for the first instance determined that Company H had infringed the patent of Company Z. The court for the second instance sustained the decision of the court for the first instance.

In 2014, Company H entrusted us. After analyzed the relevant problems, we decided the cause for retrial, and prepared all the relevant documents. The Supreme People’s Court received the retrial application.

The retrial procedure was suspended because Company H had applied for the invalidation of the patent. After the patent had been invalided, the retrial procedure restarted, and the case was accepted and concluded by the Supreme People’s Court.

Highlights：

To find the focus of the Supreme People’s Court on patent infringement cases, which is the key reason for the Supreme People’s Court to accept the retrial case.

The breakthrough points: (a) how to define the infringement under the doctrine of equivalents; (b) the rules related to the judicial authentication; and, (c) “one patent one lawsuit” V.S. “one product one lawsuit”

3 Years, Formulating the Trade Secrets Protection System of a Giant R&D State-owned Entity

haihua — Fri, 17 Mar 2017 03:02:07 +0000

Brief introduction：
A R&D state-owned entity has more than 20 departments (including more than 10 R&D departments), and nearly 3000 staffs. Every day, it also has hundreds of people who are providing consulting service on site. The entity has to conduct R&D by its own staffs, and it has to work with many vendors as well. In addition, the headquarter of this entity has set several requirements on the management of Trade Secrets, so the Trade Secrets protection system of this entity shall also meet the requirements of the headquarter.

At the end of 2012, our team started to diagnose and analyze the current trade secrets management system of the entity. From 2014, our team conducted investigation of all the departments, designed the criteria on defining a trade secret, sorted out the trade secrets list, and formulated the protection measures, and so on. And finally, the project is accomplished in 2016.
Highlights：

The key factor in establishing a Trade Secrets protection system is the combination of the specified macroscopic overall layout, and the detailed periodic implementation.

The key factors in designing the criteria on defining Trade Secrets shall include: the criteria shall meet the characteristic of the entity’s industry; the criteria shall be easily to be used for the relevant staffs who have access to Trade Secrets; and the balance of confidentiality and efficiency.

The Amount of Damages as Decided in the Criminal Judgement Was Chopped Down in the Civil Lawsuit!

haihua — Fri, 17 Mar 2017 02:29:09 +0000

Brief introduction：

In the criminal case on Trade Secrets infringement, Shanghai First Intermediate High People’s Court decides that Company Y and other 2 defendants had infringed the technical information of Company M, the amount of the illegal profit is amounting to RMB588,000.

Later then, Company M files a civil lawsuit against Company Y, and requires Company Y to compensate the damage amounting to RMB588,000 and other reasonable expense amounting to RMB 200,000.

In 2013, Company Y entrusted our team. Finally, upon a well-prepared negotiation and communication, the case was mediated. And Company Y only compensated RMB 260,000 to Company M.

Highlights：

There is a privileged viewpoint that the infringement facts and the amount of damage decided in the criminal judgement on the same infringement could be accepted directly in the follow up civil lawsuit. This case is a breakthrough.
The key factors for the final mediation include: to analyze all the details in the criminal judgement; to weigh the “soft spots” of some details; and to demonstrate the relevant legal issues related to those “soft spots”.

The Vice-GM of a Giant Japanese-invested Company was sentenced into jail for infringing his former employer’s trade secrets, by stealing more than 100,000 pieces of drawings and producing the same products

haihua — Fri, 17 Mar 2017 02:21:32 +0000

Brief introduction：
Company R found its vice-GM Ping X, a Japanese, had established Company F in Anhui province. Company F produced and sold the same products as Company R.

In 2014, Company R entrusted our team to deal with the case for the . After analyzed characteristics of this case, our team formulated a comprehensive plan, and implemented this plan step by step. After we had collected the relevant evidence, and got the authentication report, we had also prepared all the other relevant documents for the police. In 2015, the case was accepted by the Economic Criminal Investigation Department of Shanghai Municipal Public Security Bureau, and all the criminal suspects were under arrested.

In 2016, the Shanghai Intellectual Property People’s Court heard the case, which is a trade secrets infringement criminal lawsuit. Finally, the defendants were sentenced to different years in jail.
Highlights：

Facing thousands pieces of drawing, it is very important to define which information in the drawings shall be deemed as Trade Secrets. We have defined Trade Secrets based on several factors, such as how do the relevant techniques have affect the competition advantage, the possibility on conducting the comparison assessment, the risks on disclosing the relevant Trade Secrets, and so on.

The key point is to collect, make good use of, and arrange the evidence link appropriately.