Use various means

Author: Quiet Thought

Use various means

"The referee, the portable gaming console of Gaode Co., Ltd., is highly similar to our products in terms of appearance and content."

In court, Shirakawa Electric's lawyer Yasuyuki Konishi took two similar handheld machines and showed their similarities to the judge and the jury below.

"In addition, this is our patent description for the cross direction key application.

This is a report on the size and structure of the Gaode portable gaming console, similarly designed."

Xiaoxi Kangzhi picked up the printed technical instructions from his side and showed them to the courtyard.

“Either the structure or size, it almost 100% restores our product design.

There is no doubt that this is outrageous direct plagiarism, and it is a contempt for the Patent Law!

In the past four months, all similar portable game consoles of Gaode have been used with this design, with sales of up to hundreds of thousands of units.

Please ask the magistrate to give a clear view, this has brought huge losses in reputation and economic situation to us.

Therefore, we have the right to submit reasonable financial compensation and request for the other party to apologize publicly.

And requested the referee to order Gaode Co., Ltd. to immediately stop producing and selling related infringing products!"

During the defense of lawyer Konishi Yasuyuki, an evidence collector presented the physical and explanatory information provided by Shirakawa Electric to the judge and jury personnel.

The top referee Tadao Nagashii looked at the report in his hand and nodded, then handed it to the jury judge beside him.

"Does the lawyer of the respondent have any doubts?"

"As a referee, buttons are purely functional components, not innovative and cannot be patent-pending items.

Therefore, we do not agree with Shirakawa Electric’s so-called infringement accusations. Please give me a glimpse.”

Gaode finally spent a lot of money and the defense lawyer Noguchi, who was invited from Osaka, worked hard to make the final defense of Gaode's handheld machine in front of the court.

"Whether the legislation of the Patent Law is reasonable or not has nothing to do with the case in this court.

Ask the lawyer of the respondent to make relevant defenses based on the facts of the patent statement."

The referee Tadao Nagashiii announced without expression that the lawyer's defense was invalid.

Takagi Tokujiro in the audience in the courtyard clenched his fists, and under his sweaty forehead, his eyes were nervously staring at the figure ahead.

I have tried my best to bypass Tokyo and hired a lawyer from Osaka for a high price. Do you have to let myself down?

However, the lawyer Noguchi ahead glanced at Takagi Tokujiro.

Although he didn't say anything, Takagi let go of his hands and collapsed on the bench like a collapse.

"In view of the fact that the accused Gaode Co., Ltd. no longer defends, Shirakawa Electric won the case in this patent dispute lawsuit.

The specific verdict will be announced in this court on December 20, and the parties to the dispute may make final mediation before this."

Judge Tadao Ishii stood up and made a final ruling on the final debate.

Watching the judge leave the court one by one, everyone from Shirakawa Electric smiled again.

Takagi Tokujiro's eyes turned dark and he almost fell to the ground.

Fortunately, Oda next to him helped him in time, otherwise he might have to call an ambulance in court.

At this time, when Takagi saw his lawyer Noguchi come over, he felt like he had seen a savior.

He grabbed the other party's arm and looked at him hopefully. "San Noguchi, can we appeal?"

Noguchi nodded at first, but soon shook his head again.

"Takagi Sang, now it's just the final debate and there is no formal verdict yet.

If an appeal is made, the appeal can only be continued to be filed with the High Court after the judgment.

But..." Noguchi shook his head, "I don't recommend doing this. If possible, try to make a final mediation with the other party."

With sufficient physical evidence, it is difficult to overturn the previous judgment.

Noguchi can only make a fuss about the patent itself, and does not deny that Gaode's products are highly similar to the other party.

Unfortunately, the chief referee did not support his argument.

Otherwise, once Shirakawa Electric's patent is re-examined, it will take at least a year or two.

But now there is no chance. It has been three or four months since Shirakawa Electric filed a lawsuit to today's final debate.

In accordance with Japanese civil litigation procedures, the complaint and subpoena will be served to the court and the defendant.

Next is the date of the first oral debate, the stage of advocating, and the acquisition of evidence.

There is a lot of stuff to do in this, but unfortunately, when he received Gaode's commission, he was about to enter the final debate stage.

Moreover, the court's early trial process was too fast.

Based on Noguchi's experience, it is already fast to start the first oral debate within half a year.

But the lawsuit has not even been discussed for four months from the beginning to the final debate, which is simply incredible.

It’s not that this does not conform to the process, but when will the court’s efficiency be so high.

Are judges in Tokyo more diligent than judges in Osaka?

Nooyuki would not have such naive ideas.

If there is no other force behind this, it will be useless for his decades of experience in the legal community.

So this is also the reason why he did not recommend Takagi's appeal just now. There are often amazing giants under the calm lake.

After hearing Noguchi Toru's explanation, Takagi Takagi's face suddenly turned ashamed.

Gaode Co., Ltd., it's over~

Not to mention the 1 billion foreign debt owed before, Shirakawa Electric Appliances appealed for compensation of 2 billion yen.

Even if you sell Gaode Co., Ltd. at this time, it is not worth so much money.

"Noguchi San, if..." Takagi Tokujiro grabbed Noguchi's arm tremblingly and gritted his teeth.

"If Gaode filed for bankruptcy at this time, then the compensation for this lawsuit..."

Noguchi looked at Takagi Tokujiro in surprise. He didn't expect that the employer would have such courage.

"Takagisang, I'll ask you presumptuously, does your society have other debts now?"

Takagi Tokujiro was stunned, "However, there is, but this is related to this lawsuit..."

Lawyer Noguchi understood his idea. Takagi Tokuro simply wanted to file for bankruptcy protection before the verdict was issued or before it took effect.

In this way, when the court verifies Gaode's assets, if the other party is indeed unable to repay Shirakawa Electric's compensation.

Perhaps it is really possible to go through bankruptcy procedures and get rid of this part of the debt.

But if Gaode Co., Ltd., it will be more than Shirakawa Electric's creditor.

So…

"Takamusang, if Gaode had existed before, the creditors had a clear debt.

Then Gaode's existing property and account funds will be completely frozen, and his personal account will also be subject to necessary review."

Takagi Tokujiro gasped, and he understood another meaning in lawyer Noguchi's words.

Even though the court had not yet announced the verdict, he filed for bankruptcy and avoided compensation from Shirakawa Electric.

However, the previous debt cannot be avoided, which means that all the profits obtained by Gaode has been lucky enough to copy recently have to be handed over.

Thinking of this, Takagi Tokujiro felt a pain.

This is Gaode's only profitable business at present. If you can't even keep this profit, then you really have nothing.

"Takagisan, if possible, please seek out a reconciliation with the other party.

Especially when the amount of compensation is far exceeding the company's assets." Noguchi once again hinted that it was not advisable to fight hard.

And this is also the wisest way, although Shirakawa Electric Appliances applied for compensation is 2 billion yen.

But as long as the two parties can settle out of court, this number is generally debatable.

1 billion foreign debt, 2 billion compensation, and the profits brought by hundreds of thousands of handheld machines...

After weighing the trade-offs for a long time, the hesitation and struggle in Takagi Tokujiro's eyes slowly disappeared.

"Noguchi San, this trial is under the care."

Having made some decisions, he put aside his hesitation and bowed solemnly to Noguchi.

Noguchi bowed his back, "Takagi Sang doesn't have to do this for all his duties."

As a defense lawyer, regardless of justice or not, he will do his best and his professional principles are unchangeable.

"Noguchi San, I'll ask you to accompany me to Shirakawa Electrical Appliances later."

The next sentence from Takagi Tokujiro once again allowed Noguchi to see his decisiveness.
To be continued...