Recently, the U.S. Supreme Court rejected the United States Energizer Company’s proposed allegations of infringement of Chinese enterprises. At this point, which lasted six years on China’s mercury-free alkaline battery infringement “337″ investigation the case was finally settled.
China’s largest battery manufacturing exporters, the Bank of China (Ningbo) Battery Co., Ltd. General Manager Wang Jianhao told reporters, we have reason to feel happy pride, because it is in recent years, China has been suffering “337 investigation” the only victory of cases. The industry believes that the Chinese dell laptop battery companies will eventually win, largely thanks to its technological advances, does not infringe the intellectual property of others.
Battery export encounter “337 investigation”
According to the United States “337 investigation” from the “337″ because the U.S. “Tariff Act of 1930,” named after the first 337. “Section 337″ expressly authorized by the U.S. International Trade Commission (ITC), in the prosecution of U.S. companies under the premise of imported dell inspiron 1501 battery to investigate unfair trade practices and Disarmament Agency, if in violation of relevant laws and regulations, ITC can make decisions to direct the U.S. Customs Service prohibit the imports. “Section 337″ will be foreign trade disputes, divided into general non-fair trade and unfair trade related intellectual property rights. In fact, almost all of the “337 investigation” involves intellectual property issues.
Some data indicate that in recent years, was “337 investigation” as the illegal trade practices, mainland China has become Asia’s largest losing areas. Wang Jianhao say, what is mercury-free batteries, in accordance with international standards, the volume of each cell 250 to 2000PPM mercury, and that the high mercury batteries, 1 to 250PPM (mg / kg) for the low-mercury dell inspiron 6000 battery. General battery production of raw and auxiliary materials themselves the amount of mercury can be reached 5PPM, in recent years, the Bank of the battery in the introduction of foreign advanced technology, based on then digested further transformation of the mercury control 1PPM below, it is in today’s world the most advanced level.
Although China’s share in the U.S. market share is not high, but at Deer dell inspiron 6400 battery companies in China, led by double-digit growth annually over the momentum of rapid expansion, have made their counterparts across the Atlantic very worrying. May 28, 2003, the United States Energizer Holdings Group and a subsidiary of ITC application EVEREADY company, accused from Mainland China, Hong Kong, China, Japan, Indonesia and other countries and regions, 25 production of mercury-free alkaline batteries and spare parts enterprise in violation of their intellectual property rights, “Energizer” in over 207 indictments, the main accused of the raw material for production alkaline batteries zinc counterfeit “Energizer” process require ITC banned the import of its competitors products a range of products. Deer of China, South-fu, leopard king, tiger, Changhong, three special, dragons 7 importers are included in the list of defendants, which 7 companies are Chinese battery industry’s leading enterprises, its total domestic production accounted for amount of more than 50%.
Learning according to rules of the game moves
Over half a century, the United States, “337″ After three times of major changes to its own design considerations of the protection of local enterprises were very thorough. In fact, all countries have accused the United States, “337″ violating the principle of national treatment, China’s government officials also believe that it is “an unreasonable intellectual property protection bill, the objective on the imported products constitute dell inspiron 9300 battery to trade,” but the United States in its own way unmoved.
In recent years, Chinese enterprises have been “337 investigation” an increasing number, in addition to the individual to reach a settlement, the rest almost all the playing with toys.
According to the Chinese Import and Export Chamber of Commerce Electrical and observations that our companies jointly organizing groups to deal with “337 investigation”, in addition to the United States Energizer has been named seven companies in China, the Chinese mainland and Hong Kong there are 11 applications related businesses responding to a total a total of 18 Chinese dell inspiron b130 battery companies react “337 investigation.” Electrical and Mechanical Services Association, experts said, the industry co-operation means more voice and a bargaining chip in international litigation war have a stronger competitive advantage.
In the United States to make a final court ruling is not the judge and jury, the jury was composed mostly of local ordinary people. Wang Jianhao said, therefore, an American lawyer tells us that the battery technology patents for such relatively esoteric expertise, we must learn to use simple language to explain the instructions, so that members of the jury to understand as much as possible to understand the views of our thoughts will help them make a dell inspiron e1505 battery fair and objective judgments. As for the U.S. company’s proposed Energizer Chinese companies accused of infringing its patents, our defense officials metaphor, said that the invention in the car before the horse is round and wooden wheels, car wheels also came after the round, because the round shape of the resistance Minimum easy to scroll, which is basic scientific truth, you can not invent the car, they accused the coach of the circular wheel of the car violated the patent, had hardly faded before the court on the issue of knowing laughter. Can be seen, this analogy is very popular and lively can move people’s minds, is very effect.
Market does not believe in tears
However, due to various reasons, the following year in June, ITC issued a preliminary ruling affirmed that the Chinese battery companies constitute infringement.
While there be mentally prepared in advance, but the result was so difficult to accept China’s enterprises. Some people’s confidence has been shaken, and individual enterprises that want to quit the second instance proceedings. But the vast majority of Chinese companies that they will never admit defeat easily, require a comprehensive review of ITC.
Separated by 4 months, ITC’s announcement trial Chinese battery company’s “Section 337″ case, after our team is ready to more data and more substantial materials, After a series of heated court debates, ITC in the United States, New York Local Time October 1 has made a final ruling, handed down the United States holding and EVEREADY Energizer Battery Company owned by the mercury-free alkalinedell xps m140 battery patent is invalid patents, China’s “Deer”, “Nanfu” and other 18 enterprises involved did not constitute a infringement. Thereafter, in late March of this year, the U.S. Supreme Court rejected the United States Energizer’s allegations of infringement on China’s enterprises.