ARTICLE
3 May 2021

Meizu Ordered To Compensate HTC 3.54 Million Yuan (approx. US$ 541,119) In First Instance Patent Infringement Judgment

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It brought patent infringement proceedings in the Beijing Intellectual Property Court.
China Intellectual Property

HTC Corporation, owner of patent No. 201310032515.5, for a "mobile device”, found that Zhuhai Meizu Technology Co., Ltd. (Meizu) and Beijing Hefeng Zhixun Digital Technology Co., Ltd. (Beijing Hefeng) were manufacturing, offering for sale and selling a mobile phone, the the Meilan note5 (model: m621q), that fell within the scope of its patent.  It brought patent infringement proceedings in the Beijing Intellectual Property Court.

The Court held that the Defendant's product contained all the technical features claimed in Claim 1 of the patent and thus fell within the scope of the patent.

In determining compensation, the Court took account of all the evidence and circumstances of the case: (1). The patent involved is an invention patent.  The invention was the result of a large R&D investment, and had acquired a high market value; (2). The Meilan note5 mobile phone is a popular product. According to Meizu's actual activation records, more than 3.5 million mobile phones have been sold over a considerable period of time; (3). The average selling price of the Meilan note5 mobile phone is RMB 1199 (approx. US$ 183) according to the price marked on Meizu's official website.; (4.) HTC Corporation's patented technology is only one of many patented technologies used in the Meilan note 5 mobile phones.  In determining the amount of economic loss, it is, therefore, necessary to assess the proportion attributable to the HTC technology

The Court ordered the Defendant to immediately stop the infringement and compensate the Plaintiff for economic loss and other reasonable expenses, totalling RMB 3.54 million (approx. US$ 541,119).

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