經通國際智慧產權事務所

On June 5, 2009, after years of litigation between the two power supply manufacturers located in Taiwan, the patent infringement lawsuit with the request of provisional disposition against Dee Van Enterprise Co., Ltd. (Dee Van) filed by Phihong Technology Co., Ltd. (Phihong) was rejected by the Taiwan Taipei District Court. In the said decision, the Court noted that the plaintiff’s claims were based on the its utility model patent issue number 165106 with the title of “Multi-functional Power Supply Adapter”. However, the Court ruled against the plaintiff based on the following reasons:

1.The said patent could not achieve unexpected technical effect.

2.The said patent could solve no unfulfilled long-term needs.

3.The technical characteristics of the said patent were of ordinary skill in the art.

4.The evidence submitted by the defendant proved the lack of inventive step of the said patent.

Regarding the said decision, the plaintiff commented that its company operation would not be influenced, and since the case was still undergoing legal proceeding, no further comment could be provided. On the other hand, the defendant, Dee Van, provided the comments of that Dee Van did not infringe the patent right of others and the said Court decision would help clarify Dee Van’s reputation among the consumers and in the market.

Dee Van was established in 1971 with main products including Internet communication products and consumers electronics, and is currently expanding to the LED lighting market.

Derived from http://www.chinatimes.com

Organized and translated by Jenny Yu

International Affairs