Lawyer’s Insights:
(I) In some technological collaborations, the parties may not have signed a contract, or the contract may not be sufficient to resolve the issue. In such cases, confirming the ownership of the patent rights resulting from the technological achievement, and subsequently realizing net profit through the patent rights, is a viable breakthrough point.
(II) In civil litigation, one can not only realize their rights through a judge’s judgment, but also negotiate with the opposing party during the litigation process, achieving the litigation objective through negotiation and settlement.
Parties:
Plaintiff (Client): Zhang Moumou
Defendant: Huawei Technologies Co., Ltd.
Basic Facts: Plaintiff Zhang Moumou participated in Huawei’s Innovation Research Program Open Project and shared his research results with Huawei’s Vehicle Networking Laboratory technical team on multiple occasions. Later, Huawei’s Vehicle Networking Laboratory notified Plaintiff Zhang Moumou that the project was terminated. Zhang Moumou believes that Huawei should pay him the corresponding remuneration.
Attorney Yu Chunbo represented Zhang Moumou in confirming the patent “Method and Device for Recognizing Vehicle Driving Behavior” (Patent No. ZL202010246907.1). The plaintiff filed civil lawsuits against the patent rights and patent application rights of “An intelligent driving decision-making method, decision-making device, and vehicle” (application number 202211214482.1) in the Beijing Intellectual Property Court and the Shenzhen Intermediate People’s Court, respectively. After negotiations, the parties reached a settlement during the litigation.
Document number:
(2023)Beijing 73 Republic of China No. 1430
(2024) Guangdong 03 Republic of China No. 5834