On April 11, 2012, we received the Civil Judgment [(2011) Jin-Gao-Min-San-Zhong-Zi No. 20] made by Tianjin Municipal Higher People's Court. At this time, the case of infringement of patent for invention lasting for the past twenty-eight months has been won in the Final Instance.

At the beginning of 2009, our client Shimano Inc noticed that the Defendant, Ningbo Saiguan Bicycle Co., Ltd., was suspected of constituting infringement of patent right for invention No. 97109985.5 titled “Shifting Apparatus for Bicycles”, and then entrusted our Office to proceed investigation and made infringement analysis of the accused goods as obtained. During the investigation, we found that the Defendant had established an Office in Tianjin and, therefore, filed a Civil Lawsuit against the Defendant with Tianjin Municipal No. 2 Intermediate People’s Court on December 14, 2009.

Before filing the lawsuit, though the opposite party was very alert and bewared everywhere, our attorneys, through elaborate planning, a comprehensive collection and adjustment on site with tact sensitivity, obtained the evidence of the Defendant’s repeated offering for sale of the accused infringing goods on fair, evidence of offering for sale and sales of the accused infringing goods in the Tianjin Office of the Defendant, introducing the Tianjin Office of the Defendant and offering for sale of the accused infringing goods on the website of the Defendant and so on. Our experienced attorneys also asked a legally qualified Forensic Expertise Centre for Intellectual Property to make technical appraisals on whether the technical features of the accused infringing goods were identical with or equivalent to the technical features of the present patent in advance, and obtained the Appraisal Report of Forensic Expertise provided by the said Center, proving that the technical features of the accused infringing goods corresponded to the technical features of the present patent one by one and were identical to the latter. The attorneys also invited an expert of forensic expertise to present at the trial as a witness to respond to the questions regarding technology raised by the Defendant and the Judge so as to better testify the issues in technical aspects of the present patent. During the whole course in handling the lawsuit in the First and the Second Instance, our attorneys detailedly and completely analyzed and elaborated that the defendant carried out the infringing actions and the accused infringing products fall within the protection scope of the present patent. The attorney of the Defendant submitted intense arguments against our evidence and elaborations, during the trails, in their written response to our Complaint and in their Petition for Appeal. With respect to these arguments, our attorneys respectively made a strong rebuttal based on the irrefutable evidence at hand and with reference to the exact comprehension and holding of the all elements rule. In the First and the Second Instance, the Court finally determined that the evidence provided by our attorneys can corroborate with each other and form a complete chain of evidence and that the evidence should be sufficient to determine the facts which the accused infringing products were manufactured, offered for sale and sold by the Defendant, which the technical features of the accused infringing products include all the technical features of the invention patent of the present case, and which the accused infringing products fall within the protection scope of the patent and, therefore, constituted the infringement of patent for invention. The Court in the Second Instance sustained the original judgment, namely, immediately ceasing the acts of infringement, destroying the stocked infringing products, removing the content in relation to the infringing products from brochures and websites, compensating the plaintiff for the economic losses of RMB 250,000 Yuan and bearing relative acceptance fee of this Case.

After the success of the Final Instance this Case, the client highly appraised for what our attorneys had done.

Afterwards, through our mediation, the Defendant has ceased the presentation and offering for sale of the accused infringing products and covered the relative contents of the accused infringing products in the brochures of the Defendant in the Twenty-second China International Exhibition of Bicycles held in Shanghai at the end of April. At this time, not only did this Case win successfully in litigation, it has also achieved the good results of effectively restraining the acts of infringement and protecting the legal interests of the patentee.