Mindray Medical Announces Winning Notice on Patent Disputes with Libang Instruments

The creation, application, protection and management of intellectual property rights are important indicators for measuring the comprehensive R&D strength of enterprises, and also a powerful guarantee for the core competitiveness of enterprises.

Mindray Medical Announces Winning Notice on Patent Disputes with Libang Instruments

Since its establishment in 1991, Mindray has always regarded R&D and innovation as the “lifeline” of the company. It has created a world in the medical equipment industry with international monopoly and technical barriers. It has not only become a leading industry enterprise in China, but also autonomous intellectual property medical care in China. The internationalization of equipment products and the leading enterprises in the developed markets of Europe and America. The company's core products - monitors, color ultrasound, anesthesia and respiratory products, in vitro diagnostics, etc., not only break the monopoly of foreign high-end products in the domestic market, but also rank among the best in their respective fields, and gradually become a field in the international market (including developed markets in Europe and America). The mainstream products within the company have become the representatives of China's medical device industry's independent intellectual property products in international competition.

At the same time, Mindray always regards intellectual property as the core assets of the company and fully protects the company's intellectual property rights from being infringed. However, some medical device companies in China have used illegal means to infringe on the intellectual property rights and trade secrets of our company in order to obtain benefits, which has seriously damaged the interests of our company and undermined the market competition order.

In view of the violation of Mindray's patents and trade secrets by Shenzhen Libang Precision Instrument Co., Ltd. (hereinafter referred to as “Libang Instrument”), the company applied to Shenzhen Intermediate People's Court on April 6 and April 14, 2011. The lawsuit was filed (including a total of 24 cases), and the court was ordered to order the company to immediately stop infringement of patent rights and trade secrets, and compensate for economic losses of more than 100 million yuan.

In October 2016, Mindray successively received the final judgment from the Guangdong Higher People's Court on the series of IPR infringement cases of Mindray. The main judgment results are as follows:

Guangdong Gaofamin Sanchangzi No. 831 civil judgment: First, the defendant Libang Company immediately stopped infringing the infringement of the plaintiff Mindray’s “Spiritual Algorithm” trade secret; Second, Libang Company compensated Mindray’s economic loss and reasonable rights protection fees total 1220.734 Ten thousand yuan; Third, bear the case acceptance fee, appraisal fee, audit fee totaled 417,860 yuan.

Guangdong Gaofamin three final words No. 878-879, 935-938, 1033 civil judgment: First, the defendant Libang Company immediately stopped infringing the plaintiff Mindray ZL03139708.5 "electronic non-invasive blood pressure measurement by means of manufacturing, sales, and promise to sell infringing products. Device "patent rights behavior; Second, Libang Company compensated Mindray's economic losses and reasonable rights protection fees totaled 10.297 million yuan; Third, the case acceptance fee, appraisal fee, audit fee totaled 280,000 yuan.

Guangdong Gaofamin Sanchangzi No. 1122-1124 Civil Judgment: 1. The defendant Libang Company immediately stopped infringing the patent rights of the plaintiff Mindray ZL200710124611.7 “a portable ultrasonic diagnostic apparatus” by means of manufacturing, selling and promising to sell infringing products. Second, Libang Company compensated Mindray's economic losses and reasonable rights protection expenses totaling 4.44.0122 million yuan; 3. The case acceptance fee was 55,825.53 yuan;

In addition, (2012) Yue Gao Famin San Zhong Zi No. 539 civil judgment was issued in 2014, and Libang immediately stopped the relevant patent infringement and compensated 1 million yuan.

At this point, Mindray sued Libang in April 2011 for a series of intellectual property infringement cases involving Mindray's patents and trade secrets. All of them have passed the first instance of the Shenzhen Intermediate People's Court. The second instance of the Guangdong Higher People's Court has passed the final review and has entered into force, with the first and second trials. The People's Court found that Libang patents and trade secret infringements were established. The infringing products include “M8 patient monitor”, “M9 patient monitor”, “M80 patient monitor”, “M50 patient monitor”, “M8A patient monitor”. "M8B Patient Monitor", "M9A Patient Monitor", "M9B Patient Monitor", and "DUS 3 Full Digital Ultrasound Diagnostic System", "DUS 6 Full Digital Ultrasound Diagnostic System", "DUS 3 Vet Full Digital" The Ultrasound Diagnostic System and the DUS 6 Vet All-Digital Ultrasound Diagnostic System cover almost all the monitoring and ultrasound products of Libang's main business. The final judgment of Libang violated Mindray's intellectual property rights and required compensation for Mindray totaling 27.77 million yuan, which set the highest amount of intellectual property litigation compensation in the domestic medical device field.

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