On June 30, 2017, the Shanghai Intellectual Property Court issued a first-instance judgment in an invention patent infringement case. It ordered the defendant, an electromechanical company, to stop infringing Brother Industries’ patent and pay RMB 5.5 million in economic damages and reasonable expenses.
The court found that Brother owned the valid patent for an “Intermittent presser foot up-down drive device and sewing machine”. Without authorization, no entity or individual may manufacture, use, offer for sale, sell or import the patented product for production or business purposes. Doing so constitutes infringement and gives rise to civil liability.
The evidence established infringement over a broad area and a long period, with high sales volumes and substantial profits of RMB 5 million. The court therefore awarded a total of RMB 5.5 million for economic losses and reasonable expenses.