Wednesday, January 03, 2007

Exemplary Patent Enforcement Case At National Hardware Show Las Vegas

Lisa Eckelbecker of the Worcester Telegram & Gazette wrote a very informative article about the way Diamond Machining Technology (DMT), Inc. of Marlboro, Massachusetts, USA, is enforcing its intellectual property rights. DMT's approach is a good example of a small to medium sized business giving tit for tat at fairs and exhibitions and showing teeth to potential infringers.

Eckelbecker wrote:

"Events started when Mr. Brandon, who purchased DMT in 2005, arrived at the National Hardware Show in Las Vegas in May. DMT was an exhibitor, and Mr. Brandon said he decided to visit the exhibit hall before the doors opened. During a walk through the China pavillion he came upon Jing Yin Lixin [Diamond Tools Factory]’s booth."

After DMT got the evidence that Jing Yin Lixin, headquartered near Shanghai, "gave price quotations for manufacture and delivery in the United States of 1,000 and 5,000 pieces for Jing Yin Lixin’s copies of both of DMT’s Mini-Sharp and Diafold products lawyers were contacted, who drafted a complaint and delivered it to Jing Yin Lixin on the floor of the trade show."

"Jing Yin Lixin put up no legal defense in the case against DMT, according to court filings. It failed to obtain a lawyer, as required in federal cases, and instead submitted a letter arguing that it knew nothing about a patent and never made or sold the tools, even though it pictured the tools on a brochure."

In November Judge Kent J. Dawson of the U.S. District of Nevada ruled that Jing Yin Lixin, infringed on a DMT patent and ordered an injunction and to pay DMT’s legal fees.

Read Eckelbecker's article here.

1 comment:

China Law Blog said...

Great post. I'm linking. DMT absolutely did what it needed to do here in the US; it is just a shame that there pretty much is no way for them to collect on this judgment in China because a Chinese court is extremely unlikely to recongize the US court ruling.