On December 22, 2014, Beijing No. 1 Intermediate People’s Court served the first instance judgment for the patent infringement litigation BAMED AG v. Taizhou Keaide Children Wear Co., Ltd. The Court ruled patent infringement and ordered the defendant to stop infringement and pay damages 100 thousand RMB (USD 16,129) for the patentee’s economic losses. In order to avoid local protectionism and saving litigation costs for the patentee, this lawsuit is launched in Beijing, China instead of ZheJiang, China.
&BAMED AG is a manufacturer for baby bottles in Switzerland and holds patent for invention ZL200480028652.0. In January 2014, BAMED AG found the defendant infringed its patent right. BAMED AG filed a lawsuit in Beijing No.1 Intermediate People’s Court claimed for economic compensation of 250 thousand RMB.
Beijing No.1 Intermediate People’s Court conducted two court hearings since September 2014.
The accused infringement product is Keaide Biddy Bottle products (Model No.: KD1059; Name: Wide Neck PP Baby Bottle; Bar Code: 6934287510591).
For proving the patent infringement, the plaintiff conducted marketing investigation for collecting evidences and did a detailed comparison between KD1059 bottles with ZL200480028652.0 during the court hearings.
To evidence the damages, the plaintiff also uses the evidences of the defendant submitted to the court. The calculation of damage is made on the basis of statutory compensation by taking such factors into comprehensive consideration as the right nature of the involved patent, the circumstances and period of the accused tort, and the extent of subjective fault of Taizhou Keaide Children Wear Co., Ltd. The Taizhou Keaide Children Wear Co., Ltd. shall also pay BAMED AG for the reasonable expenditure for prohibition of tort.
In addition, Taizhou Keaide Children Wear Co., Ltd. already paid damages 50 thousand RMB for the patentee’s economic losses on the date of May 17, 2013 according to civil mediation issued by Beijing No. 2 Intermediate People’s Court with respect to another infringement product (Model No.: KD1060).