Reborn Tokyo Golden Age.
Chapter 208
Chapter 208
"Master Magistrate, the portable game console of Gothe Corporation is highly similar to our products in terms of appearance and content."
In the court, Shirakawa Electric's lawyer Xiaoxi Kozhi held two identical handhelds and showed the judge and the jury the similarities between them.
"In addition, this is our patent application for the cross direction key.
This is a Gaode portable game console, the size and structure report of a similar design. "
Xiao Xikangzhi picked up the printed technical instructions from his side and showed them to the court.
"Whether it is structure or size, almost 100% restores our product design.
There is no doubt that this is heinous direct plagiarism, which is a contempt for the "Patent Law"!
In the past four months, all similar portable game consoles of AutoNavi have continued to use this design, and the sales volume has reached hundreds of thousands.
Please be aware, my lord magistrate, that this has brought huge losses to our reputation and economy.
Therefore, we have the right to propose reasonable financial compensation, as well as requests for a public apology from the other party.
And request the court to order Gaode Co., Ltd. to immediately stop producing and selling related infringing products! "
During the defense of lawyer Xiao Xikang, a forensic officer presented the real objects and explanatory materials provided by Baichuan Electric to the judge and jury.
The chief referee, Tadao Ishii, glanced at the report in his hand and nodded, then handed it to the jury beside him.
"Does the respondent's lawyer have any doubts?"
"My lord, the button, as a purely functional part, is not innovative and cannot be a patentable item.
Therefore, we do not agree with Shirakawa Electric's so-called infringement accusation, please be clear. "
Gao De finally spent a lot of money. Noguchi, a defense lawyer invited from Osaka, tried his best to make a final defense for Gao De's handheld before the court.
"Whether the legislation of the Patent Law is reasonable or not has nothing to do with this court case.
Ask the respondent's lawyer to make relevant defenses on the basis of the existence of the patent statement. "
The chief referee, Tadao Ishii, announced with a deadpan expression that the defendant's lawyer's defense was invalid.
Tokujiro Takagi in the auditorium under the court clenched his fists, his eyes stared nervously at the figure in front of him under his sweaty forehead.
I tried my best to bypass Tokyo, and hired a lawyer from Osaka who spent a lot of money, so I must not let myself down.
However, what he was afraid of would come, and Lawyer Noguchi glanced at Tokujiro Takagi in front of him.
Although he didn't say anything, Takagi let go of his hands and collapsed on the bench like a collapse.
"In view of the fact that the respondent Gaode Co., Ltd. no longer defended, Baichuan Electric won the patent dispute lawsuit.
The specific rules of the judgment will be pronounced in this court on December 12, and both parties to the dispute can make final mediation before then. "
Judge Ishii Tadao stood up and made the final ruling on this final argument.
Watching the judges leave the court one by one, everyone in Baichuan Electric smiled again.
Tokujiro Takagi's eyes darkened, and he almost fell to the ground.
Fortunately, Xiaotian beside him helped him in time, otherwise he would have to call an ambulance in court.
Seeing his lawyer Noguchi approaching at this time, Takagi seemed to see a savior.
He grabbed the opponent's arm and looked at him hopefully. "Noguchi-san, can we appeal?"
Noguchi nodded first, but quickly shook his head again.
"Gao Mu-san, this is only the final debate, and there is no official judgment yet.
If appealed, the appeal to the High Court can only be continued after the judgment.
But..." Noguchi shook his head, "I don't recommend this.If possible, try to have a final mediation with the other party. "
In the case of sufficient physical evidence, it is difficult to overturn the previous judgment.
Noguchi can only make a fuss from the patent itself, instead of denying that AutoNavi's products are highly similar to the other party.
Unfortunately, the referee did not support his argument.
Otherwise, once the patent of Baichuan Electric is re-examined, it will be delayed for at least a year and a half.
But now there is no chance. Three or four months have passed since Shirakawa Electric filed the lawsuit and today's final debate.
According to the civil procedure in Japan, the complaint and summons are served on the court and the defendant.
The next steps are the date of the first oral argument, the stage of assertion, and the collection of evidence.
There is a lot to be done in this, but it is a pity that when he received Gao De's commission, he was about to enter the final stage of debate.
And the trial process in the early stage of the court is too fast.
Based on Noguchi's experience, the first oral argument can start within half a year, which is considered fast.
But this lawsuit didn't even take four months from the beginning to the final debate, which is simply unimaginable.
It's not that this is not in line with the process, but when the efficiency of the court is so high.
Are judges in Tokyo more diligent than judges in Osaka?
Noguchi would not have such a naive idea.
If there is no other force behind this, it will be a waste of his decades of experience in the legal field.
So that's why he didn't suggest Takagi to appeal just now. Under the calm lake surface, there are often astonishing giants.
After hearing Noguchi's explanation, Tokujiro Takagi's expression turned ashen.
Gold Co., Ltd., it's over~
Not to mention the 10 billion foreign debt owed before, the 20 billion yen compensation that Shirakawa Electric appealed.
Even selling Gaode Co., Ltd. at this time is not worth so much money.
"Noguchi-san, if..." Tokujiro Takagi tremblingly grabbed Lawyer Noguchi's arm, and gritted his teeth fiercely.
"If AutoNavi files for bankruptcy at this time, then the compensation for this lawsuit..."
Noguchi looked at Tokujiro Takagi in surprise, he didn't expect this employer to be so courageous.
"Gao Mu-sang, may I ask, does your company have any other debts?"
Tokujiro Takagi was taken aback, "Yes, there is, but is this related to this lawsuit...?"
Lawyer Noguchi understood what he was thinking. Tokuyuro Takagi just wanted to apply for bankruptcy protection before the judgment was issued or took effect.
In this way, when the court verifies Gaode’s assets, if the other party is really unable to repay Baichuan Electric’s compensation.
Perhaps it is really possible to go through bankruptcy proceedings and get rid of this part of the debt.
But if Gaode Co., Ltd. is not the only creditor of Shirakawa Electric.
Then...
"Gao Musang, if Gao De existed before, the creditor has a clear debt.
Then AutoNavi's existing property and account funds will be frozen, and personal accounts will also be reviewed as necessary. "
Tokujiro Takagi took a breath, he understood another meaning in Lawyer Noguchi's words.
Even before the court pronounced its verdict, filing for bankruptcy avoided compensation from Shirakawa Electric.
But the previous debts cannot be avoided, that is to say, Gao De had to hand over all the profits he got from the handheld that he had been lucky enough to copy recently.
Thinking of this, Tokujiro Takagi felt a pain in his flesh.
This is currently the only profitable business of Gaode. If you can't even keep this profit, then you really have nothing.
"Gao Mu-san, if possible, seek an out-of-court settlement with the other party.
Especially when the amount of compensation far exceeds the assets of the club. "Noguchi hinted to him again that toughness is not advisable in the end.
And this is also the most sensible approach, although Shirakawa Electric's application for compensation is 20 billion yen.
But that number is generally negotiable as long as the parties can settle out of court.
10 billion foreign debts, 20 billion compensation, profits from hundreds of thousands of handhelds...
After weighing for a long time, the hesitation and struggle in Tokujiro Takagi's eyes slowly disappeared.
"Noguchi-san, this court trial has been taken care of."
Having already made a decision, he let go of the hesitation in his heart and bowed solemnly to Noguchi.
Noguchi bowed to return the salute, "Takagi-san doesn't have to do that."
As a defense lawyer, regardless of justice or injustice.He will do his best, and his professional principles are immutable.
"Noguchi-san, I will trouble you later, and accompany me to Baichuan Electric once."
Takagi Tokujiro's next words made Noguchi see his determination again.
"It should be so." Now that he accepted the job, Noguchi naturally had the obligation to carry it out to the end.
...
In the video game industry, the much-anticipated infringement case between Shirakawa Electric and Gaode Co., Ltd. finally came to light in the first ten days of the last month of 80.
As expected, Shirakawa won the case.
Although the official judgment has not yet been issued, there has been a lot of noise about the huge compensation of Baichuan Electric Appliances during this period of time.
The astronomical figure of 20 billion yen directly frightened those small clubs that were trying to make a fortune.
Even if losing a lawsuit and a judgment are two different things, they won't bother to figure it out.
All they saw were the shocking words "lose the lawsuit" and "20 billion".
So in just one week, more than half of those copycat clubs that produced handhelds disappeared quietly!
The legal department of Shirakawa Electric is looking for the next target. After careful investigation, some clubs have even been cancelled.
This... is like fighting a guerrilla attack. With one blow, everything else will disappear.
Also in Taito Ward, Masudaya Co., Ltd.
"President, 20 billion! This..."
Oshima, who is the person in charge of the marketing department of Masudaya, is no longer as shrewd as before, but is replaced by a look of panic.
"Don't panic, you just lost the case, and there is no judgment yet."
Although President Haruma Saito comforted his subordinates in this way, he himself was sweating profusely at the moment.
20 billion yen?It is not worth the price to sell Masuda House.
Wiping the sweat from his forehead, Saito tried hard to control his hand holding the newspaper from trembling.
"Baichuan Electric can win the lawsuit because they have patents."
Yes, that's right, that's it!
Saito Haru was finding a reason for herself to feel at ease, so her rapid heartbeat slowly slowed down.
"Does Nintendo have a patent? No! He doesn't!" Saito waved his hand, and his confidence grew stronger.
"Oshima, don't be afraid. Nintendo is far away in Kyoto, and they can't do anything to us.
In court, they had no basis either, so we won! "
"Hayi" was comforted by the president, and Oshima was not consciously relieved.
20 billion, probably not enough.
"President! Something is wrong~"
While Saito and Oshima were comforting each other in the office, his assistant, the left guard, hurried in from outside the door.
"I told you before, don't panic! Left guard, what's the matter?"
Saito Haru was very dissatisfied and glared at the flustered left guard.
"President, Shimada Productions has refused to manufacture for us. And..."
"And what?!" Saito Haruna subconsciously raised his voice.
The guard at the left door took a breath, "And the person we delivered to the retail store today was injured by a group of Yakuza."
"What?!" Saito Haru was furious.
"Tutu~Tutu!"
"Didi! Didi——!"
However, before Saito finished speaking, he was interrupted by a noise outside the window.
Several people in the office looked at each other, then quickly ran to the window.
I saw outside, a group of young people dressed as bosozoku, wearing turbans.
Riding an exaggerated motorcycle, turning around at the door of Masuda House.
Some tightened the accelerator to make the roar of the engine, some kept honking the horn, and some whistled non-stop.
In just 2 minutes, a large group of people had already gathered at the door.
They don't go inside Masudaya either, they just hang out outside.
It's just that whenever employees come in and out, this group of people will threaten them viciously.
What's more, when a female employee passed by, whistles and obscenities flew together.
The female employees turned pale from being frightened, and some even cried bitterly.
"These bastards!" Saito Haruma yelled subconsciously.
And the leader below seemed to have heard Saito's scolding, and he turned his eyes to the upstairs window.
Under the horrified eyes of Saito and the others, they took out a handheld device from their arms, threw it under their feet and crushed it vigorously.
Then with a whistle, the large army rode motorcycles and rumbled away again.
The handheld on the ground, Saito saw clearly, it was a product of Masudaya.
(End of this chapter)
"Master Magistrate, the portable game console of Gothe Corporation is highly similar to our products in terms of appearance and content."
In the court, Shirakawa Electric's lawyer Xiaoxi Kozhi held two identical handhelds and showed the judge and the jury the similarities between them.
"In addition, this is our patent application for the cross direction key.
This is a Gaode portable game console, the size and structure report of a similar design. "
Xiao Xikangzhi picked up the printed technical instructions from his side and showed them to the court.
"Whether it is structure or size, almost 100% restores our product design.
There is no doubt that this is heinous direct plagiarism, which is a contempt for the "Patent Law"!
In the past four months, all similar portable game consoles of AutoNavi have continued to use this design, and the sales volume has reached hundreds of thousands.
Please be aware, my lord magistrate, that this has brought huge losses to our reputation and economy.
Therefore, we have the right to propose reasonable financial compensation, as well as requests for a public apology from the other party.
And request the court to order Gaode Co., Ltd. to immediately stop producing and selling related infringing products! "
During the defense of lawyer Xiao Xikang, a forensic officer presented the real objects and explanatory materials provided by Baichuan Electric to the judge and jury.
The chief referee, Tadao Ishii, glanced at the report in his hand and nodded, then handed it to the jury beside him.
"Does the respondent's lawyer have any doubts?"
"My lord, the button, as a purely functional part, is not innovative and cannot be a patentable item.
Therefore, we do not agree with Shirakawa Electric's so-called infringement accusation, please be clear. "
Gao De finally spent a lot of money. Noguchi, a defense lawyer invited from Osaka, tried his best to make a final defense for Gao De's handheld before the court.
"Whether the legislation of the Patent Law is reasonable or not has nothing to do with this court case.
Ask the respondent's lawyer to make relevant defenses on the basis of the existence of the patent statement. "
The chief referee, Tadao Ishii, announced with a deadpan expression that the defendant's lawyer's defense was invalid.
Tokujiro Takagi in the auditorium under the court clenched his fists, his eyes stared nervously at the figure in front of him under his sweaty forehead.
I tried my best to bypass Tokyo, and hired a lawyer from Osaka who spent a lot of money, so I must not let myself down.
However, what he was afraid of would come, and Lawyer Noguchi glanced at Tokujiro Takagi in front of him.
Although he didn't say anything, Takagi let go of his hands and collapsed on the bench like a collapse.
"In view of the fact that the respondent Gaode Co., Ltd. no longer defended, Baichuan Electric won the patent dispute lawsuit.
The specific rules of the judgment will be pronounced in this court on December 12, and both parties to the dispute can make final mediation before then. "
Judge Ishii Tadao stood up and made the final ruling on this final argument.
Watching the judges leave the court one by one, everyone in Baichuan Electric smiled again.
Tokujiro Takagi's eyes darkened, and he almost fell to the ground.
Fortunately, Xiaotian beside him helped him in time, otherwise he would have to call an ambulance in court.
Seeing his lawyer Noguchi approaching at this time, Takagi seemed to see a savior.
He grabbed the opponent's arm and looked at him hopefully. "Noguchi-san, can we appeal?"
Noguchi nodded first, but quickly shook his head again.
"Gao Mu-san, this is only the final debate, and there is no official judgment yet.
If appealed, the appeal to the High Court can only be continued after the judgment.
But..." Noguchi shook his head, "I don't recommend this.If possible, try to have a final mediation with the other party. "
In the case of sufficient physical evidence, it is difficult to overturn the previous judgment.
Noguchi can only make a fuss from the patent itself, instead of denying that AutoNavi's products are highly similar to the other party.
Unfortunately, the referee did not support his argument.
Otherwise, once the patent of Baichuan Electric is re-examined, it will be delayed for at least a year and a half.
But now there is no chance. Three or four months have passed since Shirakawa Electric filed the lawsuit and today's final debate.
According to the civil procedure in Japan, the complaint and summons are served on the court and the defendant.
The next steps are the date of the first oral argument, the stage of assertion, and the collection of evidence.
There is a lot to be done in this, but it is a pity that when he received Gao De's commission, he was about to enter the final stage of debate.
And the trial process in the early stage of the court is too fast.
Based on Noguchi's experience, the first oral argument can start within half a year, which is considered fast.
But this lawsuit didn't even take four months from the beginning to the final debate, which is simply unimaginable.
It's not that this is not in line with the process, but when the efficiency of the court is so high.
Are judges in Tokyo more diligent than judges in Osaka?
Noguchi would not have such a naive idea.
If there is no other force behind this, it will be a waste of his decades of experience in the legal field.
So that's why he didn't suggest Takagi to appeal just now. Under the calm lake surface, there are often astonishing giants.
After hearing Noguchi's explanation, Tokujiro Takagi's expression turned ashen.
Gold Co., Ltd., it's over~
Not to mention the 10 billion foreign debt owed before, the 20 billion yen compensation that Shirakawa Electric appealed.
Even selling Gaode Co., Ltd. at this time is not worth so much money.
"Noguchi-san, if..." Tokujiro Takagi tremblingly grabbed Lawyer Noguchi's arm, and gritted his teeth fiercely.
"If AutoNavi files for bankruptcy at this time, then the compensation for this lawsuit..."
Noguchi looked at Tokujiro Takagi in surprise, he didn't expect this employer to be so courageous.
"Gao Mu-sang, may I ask, does your company have any other debts?"
Tokujiro Takagi was taken aback, "Yes, there is, but is this related to this lawsuit...?"
Lawyer Noguchi understood what he was thinking. Tokuyuro Takagi just wanted to apply for bankruptcy protection before the judgment was issued or took effect.
In this way, when the court verifies Gaode’s assets, if the other party is really unable to repay Baichuan Electric’s compensation.
Perhaps it is really possible to go through bankruptcy proceedings and get rid of this part of the debt.
But if Gaode Co., Ltd. is not the only creditor of Shirakawa Electric.
Then...
"Gao Musang, if Gao De existed before, the creditor has a clear debt.
Then AutoNavi's existing property and account funds will be frozen, and personal accounts will also be reviewed as necessary. "
Tokujiro Takagi took a breath, he understood another meaning in Lawyer Noguchi's words.
Even before the court pronounced its verdict, filing for bankruptcy avoided compensation from Shirakawa Electric.
But the previous debts cannot be avoided, that is to say, Gao De had to hand over all the profits he got from the handheld that he had been lucky enough to copy recently.
Thinking of this, Tokujiro Takagi felt a pain in his flesh.
This is currently the only profitable business of Gaode. If you can't even keep this profit, then you really have nothing.
"Gao Mu-san, if possible, seek an out-of-court settlement with the other party.
Especially when the amount of compensation far exceeds the assets of the club. "Noguchi hinted to him again that toughness is not advisable in the end.
And this is also the most sensible approach, although Shirakawa Electric's application for compensation is 20 billion yen.
But that number is generally negotiable as long as the parties can settle out of court.
10 billion foreign debts, 20 billion compensation, profits from hundreds of thousands of handhelds...
After weighing for a long time, the hesitation and struggle in Tokujiro Takagi's eyes slowly disappeared.
"Noguchi-san, this court trial has been taken care of."
Having already made a decision, he let go of the hesitation in his heart and bowed solemnly to Noguchi.
Noguchi bowed to return the salute, "Takagi-san doesn't have to do that."
As a defense lawyer, regardless of justice or injustice.He will do his best, and his professional principles are immutable.
"Noguchi-san, I will trouble you later, and accompany me to Baichuan Electric once."
Takagi Tokujiro's next words made Noguchi see his determination again.
"It should be so." Now that he accepted the job, Noguchi naturally had the obligation to carry it out to the end.
...
In the video game industry, the much-anticipated infringement case between Shirakawa Electric and Gaode Co., Ltd. finally came to light in the first ten days of the last month of 80.
As expected, Shirakawa won the case.
Although the official judgment has not yet been issued, there has been a lot of noise about the huge compensation of Baichuan Electric Appliances during this period of time.
The astronomical figure of 20 billion yen directly frightened those small clubs that were trying to make a fortune.
Even if losing a lawsuit and a judgment are two different things, they won't bother to figure it out.
All they saw were the shocking words "lose the lawsuit" and "20 billion".
So in just one week, more than half of those copycat clubs that produced handhelds disappeared quietly!
The legal department of Shirakawa Electric is looking for the next target. After careful investigation, some clubs have even been cancelled.
This... is like fighting a guerrilla attack. With one blow, everything else will disappear.
Also in Taito Ward, Masudaya Co., Ltd.
"President, 20 billion! This..."
Oshima, who is the person in charge of the marketing department of Masudaya, is no longer as shrewd as before, but is replaced by a look of panic.
"Don't panic, you just lost the case, and there is no judgment yet."
Although President Haruma Saito comforted his subordinates in this way, he himself was sweating profusely at the moment.
20 billion yen?It is not worth the price to sell Masuda House.
Wiping the sweat from his forehead, Saito tried hard to control his hand holding the newspaper from trembling.
"Baichuan Electric can win the lawsuit because they have patents."
Yes, that's right, that's it!
Saito Haru was finding a reason for herself to feel at ease, so her rapid heartbeat slowly slowed down.
"Does Nintendo have a patent? No! He doesn't!" Saito waved his hand, and his confidence grew stronger.
"Oshima, don't be afraid. Nintendo is far away in Kyoto, and they can't do anything to us.
In court, they had no basis either, so we won! "
"Hayi" was comforted by the president, and Oshima was not consciously relieved.
20 billion, probably not enough.
"President! Something is wrong~"
While Saito and Oshima were comforting each other in the office, his assistant, the left guard, hurried in from outside the door.
"I told you before, don't panic! Left guard, what's the matter?"
Saito Haru was very dissatisfied and glared at the flustered left guard.
"President, Shimada Productions has refused to manufacture for us. And..."
"And what?!" Saito Haruna subconsciously raised his voice.
The guard at the left door took a breath, "And the person we delivered to the retail store today was injured by a group of Yakuza."
"What?!" Saito Haru was furious.
"Tutu~Tutu!"
"Didi! Didi——!"
However, before Saito finished speaking, he was interrupted by a noise outside the window.
Several people in the office looked at each other, then quickly ran to the window.
I saw outside, a group of young people dressed as bosozoku, wearing turbans.
Riding an exaggerated motorcycle, turning around at the door of Masuda House.
Some tightened the accelerator to make the roar of the engine, some kept honking the horn, and some whistled non-stop.
In just 2 minutes, a large group of people had already gathered at the door.
They don't go inside Masudaya either, they just hang out outside.
It's just that whenever employees come in and out, this group of people will threaten them viciously.
What's more, when a female employee passed by, whistles and obscenities flew together.
The female employees turned pale from being frightened, and some even cried bitterly.
"These bastards!" Saito Haruma yelled subconsciously.
And the leader below seemed to have heard Saito's scolding, and he turned his eyes to the upstairs window.
Under the horrified eyes of Saito and the others, they took out a handheld device from their arms, threw it under their feet and crushed it vigorously.
Then with a whistle, the large army rode motorcycles and rumbled away again.
The handheld on the ground, Saito saw clearly, it was a product of Masudaya.
(End of this chapter)
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