In China's high-end medical device market, the three giants of Siemens, General Electric and Philips account for about 70% of the market. In recent years, with the emergence of domestic medical device companies, the competition between traditional market giants and emerging companies has become increasingly fierce. In 2014, Siemens (Shenzhen) Magnetic Resonance Co., Ltd. (hereinafter referred to as Siemens MRI) brought the domestic medical device industry newcomer, Shanghai Lianying Medical Technology Co., Ltd. (hereinafter referred to as Shanghai Lian Ying Company) to court. Request for the patent application right of one invention patent application and the patent right of one utility model patent, and require Shanghai Lianying Company to stop infringing its copyrights on the structure diagram and the implementation diagram of the case; these three cases require Shanghai Union The film company compensated for its economic losses totaling 600,000 yuan.
The Shanghai No. 2 Intermediate People's Court conducted a combined trial of the above three cases and dismissed all the claims of the plaintiff Siemens MRI in the first instance.
This is not the first dispute between Siemens MRI and Shanghai Lian Ying. Previously, Siemens MRI had sued Shanghai Lian Ying for unfair competition, but ended up with the failure of Siemens MRI.
"Big Three" faces challenges
Founded in 1998, Siemens MRI is a wholly owned subsidiary of Siemens. The company's business scope covers MR (magnetic resonance imaging system), AX (X-ray angiography system) and CV (medical device parts). At present, Siemens MRI has become the largest R&D and production center outside the German headquarters of Siemens MRI.
Shanghai Lianying Company was established in October 2010. It is a high-tech enterprise specializing in R&D, production and sales of high-end medical imaging equipment and related technologies.
Shanghai Lian Ying has developed strongly in recent years and put forward the slogan of “building a world-class Chinese medical equipment companyâ€. In the high-end medical equipment market, the status quo of three multinational corporations of Siemens, General Electric and Philips has been formed for many years, and Shanghai Lian Ying is trying to break this pattern.
Moreover, Shanghai Lian Ying Company has inextricably linked with Siemens, one of the "Big Three". Dr. Zhang, the founder of Shanghai Lian Ying Company, worked at Siemens after graduating from 2005 to 2008. He was assigned to Siemens MEDIT (predecessor of Siemens MRI) from 2005 to 2008 and was responsible for the clinical application of magnetic resonance. In May 2010, Zhang resigned from Siemens. After that, Zhang founded Shanghai Lian Ying Company and served as the president, specifically responsible for the research and development of magnetic resonance products.
After Zhang founded Shanghai Lian Ying Company, many technicians of Siemens MRI Company resigned and joined Shanghai Lian Ying Company. The competition between Siemens MRI and Shanghai Lian Ying Company quickly entered a fever, which led to a series of disputes.
Who should apply for the right to apply?
In 2013, Siemens MRI found that Shanghai Lian Ying Company submitted an invention patent application titled “A Magnetic Resonance Superconducting Magnet Integrated Coil and Its Manufacturing Method†in December 2011 and named “A Magnetic Resonance Ultrasoundâ€. Utility model patent application for a magnetizer integrated coil. Thereafter, the above utility model patent application is granted a patent.
Siemens MRI said that in December 2008, the former employees of the company, Yu Mou, Zhang Mo and Ni Mo, completed the “integrated steel core structure of wireless trough MRI superconducting magnets†during the performance of their duties. (hereinafter referred to as wireless slot technology) invention report. After comparison, Siemens MRI Company believes that the technical solutions embodied in the above-mentioned invention patent application are completely consistent with the technical solutions involved in the wireless slot technology invention report, and cover the technical solutions embodied in the utility model patents involved. Meanwhile, the two drawings in the above patent application documents are highly similar to the structural diagrams and embodiment diagrams in the wireless slot invention report.
It is understood that Ni Mou was the vice president of research and development at Siemens MRI. Yu was the former Siemens MRI employee and the main R&D personnel of the wireless slot technology. The two of them left the company from Siemens MRI and went to Shanghai Lian Ying. work in company.
Siemens MRI said that Zhang, Ni and Yu are very familiar with the invention report of the wireless slot technology, and the related patent application submitted by Shanghai Lian Ying Company is completely consistent with the technical solution embodied in the wireless slot technology invention report. The patent application was then considered to have originated from its wireless slot technology invention report. In 2014, Siemens MRI filed a lawsuit against Shanghai Lian Ying Company to the court, requesting to confirm the patent application right of the invention patent and the patent right of the utility model patent belonged to Siemens MRI, and requested Shanghai Lianying Company to stop infringing its involvement in the case. The copyrights enjoyed by the structure chart and the embodiment diagram; a total of 600,000 yuan for the three cases.
In response to the allegations of Siemens MRI, Shanghai Lian Ying Company denied it. Shanghai Lian Ying Company said that the wireless slot technology involved in the case was completed in early 2009. In June 2009, Siemens MRI reviewed the technology, but the result of the review was that the wireless slot technology involved “does not have the conditions for submission as an inventionâ€. Later, Yu et al. published a paper entitled "Conceptual Design of 3T Magnetic Resonance Superconducting Magnets with Non-stressed Surface Integrated Coil Skeleton" in the academic seminars he participated in, and disclosed the wireless slot technology involved. In June 2010, the paper was published on the website of the Institute of Electrical and Electronics Engineers. Therefore, the wireless slot technology involved is a well-known technology, and Siemens MRI does not have any exclusive rights to the technology.
At the same time, Shanghai Lianying Company stated that the company has always adopted a patent defense strategy. During the implementation of the strategy, the company employee Song retrieved the papers involved. After consulting the patent documents, it found that there was no identical patent document. Based on the papers involved in the case, combined with other patent documents and common methods, the patent application for the case was written, and the drawings in the utility model patent application involved were drawn. The wireless trough technology invention report of Siemens MRI was not used.
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