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Chapter 454 Can't win, withdraw the lawsuit!(2/2)

After all, foreign technology research and development mainly relies on corporate leadership and investment. In this case, it is necessary to reap as much return as possible. If you do not buy and sell, how can you get returns!

When Shota Sakamoto was depressed, his secretary came in to report, and lawyer Yang Xin came.

When Yang Xin came to Shota Sakamoto's office, the first thing he did was to ask whether Japan had verified the source of these technologies. When he saw Shota Sakamoto's bitter expression, he already knew the answer.

Just listen to Sakamoto Shota say: "If an excavator is disassembled into individual working parts, these working parts can indeed be used on other machines, which means that technically, they are indeed universal.

But I didn’t expect that Fukang Engineering would be so cunning, buying these technologies from different companies, then integrating them and assembling them, and finally making an excavator like our PC100.”

Yang Xin shook his head helplessly: "If this is the case, then Fukang Engineering does not constitute an infringement of Komatsu Group's intellectual property rights, because these technologies are not unique to Komatsu Group. Fukang Factory legally obtained technologies from other Japanese companies, and it is not

Infringement, we can’t win this lawsuit.”

"No, the FK501 excavator of Fukang Engineering must have copied our PC100." Shota Sakamoto said firmly.

"But we have no evidence!" Yang Xin replied.

"I have evidence! The companies that authorized the use of Fukang Engineering's technology this time are Hengshan Engineering, Mengkuang Engineering, Emei Engineering and Yunji Engineering.

Originally, these four companies planned to jointly introduce our PC100 excavator. They had already conducted several negotiations and almost reached an agreement on the price, but they suddenly gave up the introduction!

I guess they must have successfully copied the PC100 excavator, so they stopped negotiating for the introduction." Shota Sakamoto said.

Yang Xin shook his head: "This is not evidence, because there is no way to prove Fukang Engineering's infringement. Even if your conjecture is correct, the four companies you mentioned purchased the technology legally and then legally

The authorization was given to Fukang Engineering for use, and there was no infringement of intellectual property rights in the entire process."

"I still have it, and the mechanical parameters are proof!" Shota Sakamoto continued: "The parameters set for each component of Fukang's FK501 excavator are exactly the same as our PC100. This is enough to prove that Fukang Engineering has copied our products!

We have test reports."

"What are the component setting parameters you mentioned?" Yang Xin asked.

"There are too many, such as hydraulic pressure, engine speed adjustment, and fuel injection speed of the oil tank. There are dozens of items in total!" Sakamoto Shota said.

Yang Xin frowned and thought for a long time, then shook his head again: "This is useless. The working status of mechanical equipment does not fall within the scope of intellectual property rights.

Let me give you a simple example, just like cars. Some cars will idle faster and some cars will idle slower. This all depends on the adjustment of car parts.

If the idle adjustment of Toyota's cars and Honda's cars are exactly the same, will they sue each other for infringement of intellectual property rights? Obviously it is impossible.

Moreover, many mechanical equipment need to be adjusted to a certain parameter to maintain the best working condition. In this case, all companies will use the same parameters.

Therefore, just that the parameters of the components are adjusted to be the same cannot be used as evidence to sue Fukang Engineering for infringement of intellectual property rights. No court in the world will accept this kind of evidence."

"Then there's nothing we can do?" Shota Sakamoto asked.

Yang Xin shook his head honestly: "There is no other way. We can't win this lawsuit. Mr. Sakamoto, as your lawyer, I would like to suggest to you that in order to avoid more losses, you should withdraw the lawsuit!"

"

"Withdraw the lawsuit? Doesn't that mean you won't get any benefits?" Shota Sakamoto said with a look of reluctance.

"Not only is there no benefit, we may also have to apologize to Fukang Engineering and compensate them for their losses." Yang Xin said helplessly.

"Why!" Shota Sakamoto was very unconvinced.

"If nothing else, at least we will have to pay for Fukang Engineering's lawyers!" Yang Xin went on to explain: "In intellectual property litigation, it is normal for the losing party to pay the winning party's legal fees!"

"Doesn't that mean that I haven't received a penny in compensation, so I still have to pay him?" Shota Sakamoto looked even more furious.

Seeing Sakamoto Shota like this, Yang Xin felt a little secretly happy.

"The little Japanese stole the chicken but lost the rice. He deserves it!"
Chapter completed!
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