Reborn I want everything

Chapter 34 I have insufficient evidence, but the other party voluntarily confessed to me, what can I do?

Since Pan Xiaoting has fulfilled her obligation to remind and Gu Zhe is so arrogant, she nodded expressionlessly and turned to Qin Nuan:
"Please ask the clerk to write down the above content, and ask him to sign and confirm this part of the situation before the plaintiff formally presents the evidence."

Qin Nuan secretly mourned for Gu Zhe: this young man is too reckless, he probably will suffer.How could there be any conclusive evidence that would make the other party confess as soon as he saw it?impossible!
That being the case, why not stabilize it?Do you have to give your opponent 15 more days to study you?
However, Qin Nuan still took out the relevant pages of the notice of rights from the file, walked up to Gu Zhe, and placed it on the plaintiff's table.

Gu Zhe didn't hesitate, he just picked up the pen and signed. He also saved everyone's time.

The moment the signature was signed, it was equivalent to the temporary failure of the initial investigation and the unilateral initiative to exchange evidence.

But that's not a big deal, because the mediation process can be started and stopped at any time.

If the initial mediation is not completed, and the other party feels discouraged after half of the trial, you can ask to restart the mediation again, which is okay.It's just that after the mediation is successful and the mediation statement is issued, it will have legal effect, and that is something that cannot be regretted.

Afterwards, Gu Zhe issued a list of evidence, and asked Pan Xiaoting to look it over before handing it over to the other party—because the court hearing was not yet reached, so the other party could just look at it, and they didn't need to make any response, they could just wait 30 days before responding.

However, both Pan Xiaoting and Qin Nuan were surprised that the other party obviously didn't have to deal with it right away, but they still broke out in a cold sweat after a few glances.

After Pan Xiaoting's permission, Gu Zhe briefly explained the content of his evidence:
"This evidence is mainly used to prove that Tong Shuangqing's attempted plagiarism was not an accidental personal behavior, but a long-term and habitual professional behavior.

To this end, I searched for all the authorized patents, including inventions and utility models, in which Tong Shuangqing was the applicant or one of the applicants in the previous years of work.

It is found that there are quite a few patents, all of which have doubtful novelty and innovation, and have a high degree of similarity with other prior applications of other right holders.

Or the so-called innovative points compared with the "existing technology at the time" are actually only "ordinary skilled persons in the technical field, based on the existing technology only through logical analysis, reasoning or limited The test can be obtained',
It belongs to the "obvious" situation mentioned in the "Guidelines for Patent Examination", which should not be judged as having outstanding substantive features.For this reason, I have submitted a "Request for Invalidation" to the State Intellectual Property Bureau for a utility model patent with particularly obvious problems, and I am also further verifying several other related patents.

If it can finally be proved that this kind of situation occurs repeatedly in the daily R&D work organization of the defendant company, then we request to determine that "this organized and long-term behavior of knocking off the sidelines" is a long-planned plan in the defendant company If so, Tong Shuangqing's behavior should be determined as an official behavior..."

Gu Zhe's words may sound difficult to a layman for the time being. A little translation means that Gu Zhe used other daily R&D patents of some defendant companies that have nothing to do with this case to try to "analogize".

In 02, the research and development work of most domestic enterprises was not solid. After all, they were still in the catch-up period. The copycat problem was very serious, and the quality of the patent database was also worrying.

According to Article 45 of the "Patent Law": From the date when the XX department announced the grant of the patent right, any unit or individual that believes that the grant of the patent right does not comply with the relevant provisions of this law may request the XX department to declare the patent right invalid.

Pay attention to the "anyone" in the terms. In other words, the application for invalidation does not require interested parties, and everyone has the right to "fight for justice".

Gu Zhe told the other party clearly: You have offended me, even if I let go of this case, I have the ability to find other patents in your patent database that are not related to this case and are not of solid quality. Go to file the "Application for Invalidation" and see who can bear it.

As long as one of them is declared successful, the loss of the defendant company will be dozens of times larger than the loss of this case.This is Gu Zhe's off-the-chart strategy "you hit yours, I'll hit mine", I don't fight within the battlefield area you delineated at all.

It’s just that in most cases, if the company doesn’t offend people too much, or actively provokes and infringes the rights of friends, the friends will not use this kind of unlimited confrontation, which is like an arms race and an overall war.

Because there are more or less problems with everyone's patent library, and there are unreliable make-up goods. If you take the initiative to detonate this kind of confrontation and invite retaliation, you will also suffer heavy losses.

It is tantamount to tearing each other apart and invalidating some of the other party's make-up patents, and then it is cheaper for the third party and the fourth party.

In addition, most intellectual property lawyers and patent attorneys will not take this kind of work rashly, because they also have to worry about "I will take on many clients in my life, who knows whether the patent pool of the clients I will take in the future is solid."

If he offends people casually, he will be retaliated against when his own clients are not clean in the future. Then those clients with flaws and lack of confidence will not dare to find a firm with too many enemies to represent them. The business of the firm will also be affected.

Therefore, in the circle, this kind of offending thing is basically because the other party has indeed infringed the rights first, and the counterattack party has sufficient reasons to convince other melon-eating firms in the circle, knowing that you are not biting but that there is a reason for the incident. Dare to do it.

In this kind of thing, only Gu Zhe, who "has the ability to be a top lawyer, but he has no intention of becoming a full-time lawyer in this life", will directly turn the table without fear of offending others, similar to those "professional counterfeiters" up.

Gu Zhe has a very clear mentality about some things: It is enough for me to do it once in my life, and get the first pot of gold, and I will not rely on it for dinner in the future.

His other patent applications in the future also ensure that the iron must first be hardened by oneself.

Those patents that "stack obvious general technical improvements" and then try to muddle through the number of patents, after this wave, he has no plans to do it again, so he is not afraid of retaliation.

Moreover, on this issue, he still has the consistent mentality: some things, he has to do it once in his life to prove that he "has the ability to do this thing, and has enough IQ to complete such a resourceful and insidious operation".

In order not to be said "It's not because he doesn't want to, but because he can't", Wei is unable to stand up, and people in the circle will not be afraid of him in the future.

The defendant this time was the one Gu Zhe used to sacrifice his reputation and enrich his resume, and money was secondary.

Of course, this is also due to the fact that many patents in the opponent's database are relatively low. Compared with the prior art, they are all simple micro-innovations with a little mechanical structure fine-tuning, so they are very intuitive and easy. Grab the handle.This is also the status quo of the industry in 02, and everyone is still going wild.

Gu Zhe didn't even need to grasp the similarities in those circuits and programs.If you change to a high-tech top company, it will not be easy to catch.

……

Gu Zhe knew these reasons, and Chen Qingfeng and Feng Yun on the defendant side also knew these reasons, but Pan Xiaoting, who was standing as a mediator, didn't know for the time being—

It's not that her professional level is not good, but that she didn't investigate and research, and she doesn't know how much there is in the defendant's own patent library, and whether it is hard to forge.

Only the defendant himself knows this.

Therefore, after Pan Xiaoting saw this evidence, she immediately reminded her in good faith: "Plaintiff, I have to remind you that the law is about direct and empirical evidence, at least there must be a complete chain of evidence.

The evidence you have presented so far can only be used as indirect evidence that cannot be chained. When it comes to the trial, there is a high probability that your malicious analogy will not be adopted-the law will never, because of the defendant's usual system and style, to judge the facts of a case. "

What she said can be understood with a little example.

For example, for suspected sexual crimes in criminal proceedings, the "victim's usual style" will never be considered, which is repeatedly emphasized in judicial interpretations.Even if the victim herself is a practitioner in the personal connection industry, when she reported that she was raped, the court must strictly examine the facts.

This is especially true in patent litigation in civil matters. How can it be said that a person or a company is "organized plagiarism this time" just because he "has been plagiarizing in an organized way"?

This is absolutely untenable!
Gu Zhe immediately accepted Pan Xiaoting's reminder humbly: "Thank you very much for the guidance of the distinguished presiding judge, but I would like to point out that it is still the stage of unilateral evidence exchange before the trial.

Whether or not the evidence is probative is a matter of concern to both parties during the cross-examination after the trial begins. Regardless of whether my evidence is sufficient or not, I have the right to submit it first.Perhaps, you can ask the defendant if they are willing to admit to this evidence. "

Pan Xiaoting was right when she thought about it. After a little turn in her mind, she immediately came back to the memory, and figured out what kind of confrontation was going on behind the scenes.

"Why is this young man so powerful? I have been trying the case for more than two years, and I have never seen such a vicious method. Could it be that he can really..." After her heart froze, she immediately turned to the defendant,

"Defendant, do you have anything to add to today's one-way evidence exchange? If not, I will announce that today's relevant procedures are over, and I will notify you of the formal exchange of evidence in 15 days, and the court will start in another 15 days."

However, her question fell to nothing. Chen Qingfeng and Feng Yun whispered nervously for a long time before they said with difficulty: "Dear judge...can you extend the rest time for a while? We want to ask the company leaders for instructions immediately. Based on the latest situation, we may agree to accept mediation and admit all claims of the plaintiff.”

Pan Xiaoting's eyes were fixed, and she already understood something.

The clerk, Qin Nuan, was still there with a dazed expression, completely unaware of what had happened, and was shocked in his heart: "What the hell? How did this plaintiff do it? He scared the defendant straight away? They all hinted at the plaintiff's current situation." If the evidence is insufficient, he is still willing to take the initiative to confess?"

She couldn't help but take a closer look at Gu Zhe, this elementary school boy is really calm and has the demeanor of a general.

Pan Xiaoting sighed, and finally fulfilled her duty of reminder: "Are you sure?"

It's not okay to say more, that would be suspected of biasing the case, and the presiding judge must be neutral.

Feng Yun was about to cry: "We are sure..."

Pan Xiaoting: "Okay, then I will give you another chance to mediate after 15 minutes."

The previous mediation has already temporarily ended, so it's okay to take a break.She had set aside time today, and the process ahead was relatively fast, so she couldn't delay the case in the afternoon.

Feng Yun and Chen Qingfeng immediately went out to make a phone call, and then applied to have a private chat with Gu Zhe, but Pan Xiaoting would not stop them. The rest time could be freely negotiated, but the court records would not be left.

Pan Xiaoting's heart brightened, and she thought to herself:
"They are probably talking about how to ensure that both parties will not be afraid and achieve mutual trust. As long as the plaintiff has a way to convince the defendant that 'after the case is closed, he will not launch a pursuit on other battlefields', it is estimated that the defendant will completely vote.

He didn't say a single word of threat in the whole story, but it completely achieved an effect that was better than the most ruthless threat. It was too terrifying, and it still made people unable to grasp the slightest clue. "

(End of this chapter)