Shanghai Topography Design Dispute Case

Yesterday morning, the Shanghai High Court made a final judgment on the first case of the "Shaorui case" in the layout design dispute of integrated circuits in Shanghai, and maintained the original verdict - Ruineng Micro would immediately stop infringement of the ATT7021AU integrated circuit layout design project enjoyed by Quanquan. The company has the right and compensation for a total of RMB 3.2 million in economic losses of Yongquan Company.

4 years ago, Yuquan, which has more than 10 years of experience in IC design and development and focuses on the research and development of smart grid and IoT technologies, will be engaged in R&D, production, and sales of ICs and have won the “China Semiconductor Innovation Product and Technology Award”. The micro-company sued the court and the two sides plagiarized the RN8209 and RN8209G chips for the latter's layout design of the former ATT7021AU as "trussed" each other, and the amount of compensation that was appealed was as high as 15 million yuan.

In May 2006, Yuquan and Zhuhai Actionsuit IC Design Co., Ltd. (hereinafter referred to as J&J) signed a technology transfer contract and supplementary agreement, which stipulated that the company will transfer the proprietary technology of the energy measurement series chip to Quanquan. . Since then, the company has carried out follow-up R&D, and in 2008 it applied the layout design completed by R&D to the State Intellectual Property Office to register the ATT7021AU layout design and obtain exclusive rights. However, Quanquan discovered that the RN8209 series developed by Ruieng Micro, a company that had just been established for one year, severely "plagiarized" the layout design that Yuquan applied for.

In January 2010, Jun Quan Company, accompanied by a notary public, went to Yacre's business site to purchase 100 pieces of RN8209G-type integrated circuit chips. In March, Jiquan Company filed a lawsuit with the Shanghai No. 1 Intermediate People's Court, and the court made an evidence preservation ruling based on the application of Qi Quan Company and seized two RN8209G chips at Ruiengeng Micro. In April, Ruineng Micro submitted an application for revocation to the State Intellectual Property Patent Re-examination Board. After the review, the Patent Re-examination Board found no flaw in the layout design exclusive right of Haoquan Company that could not be revoked. Terminate the cancellation process.

In the first instance, Qi Quan Company pointed directly to Ruineng Micro and Yachuang infringing its exclusive rights in the layout design of integrated circuits, and demanded that the two defendants immediately stop infringement, destroy infringing products and product promotional materials, and publicly apologize in relevant media. Compensation for the total economic loss of Yongquan Company amounted to 15 million yuan. Ruiengeng Micro has always insisted that its layout design is developed independently, and proposed that the Quantu company's layout design does not have originality and is a conventional design.

According to Ruineng Micro, Li Quan submitted to the court an "original creation point" of 10 parts of its chip. The court entrusted the relevant appraisal agency to identify the chips of both parties. After comparison, it was considered that the "2 points" in the "10 original creation points" proposed by Yongquan Company was original and not a conventional design. In December 2013, the court of first instance made a judgment that Ruineng Micro should immediately stop infringement of the ATT7021AU exclusive right of the layout design of the ATT7021AU integrated circuits and compensate for a total loss of RMB 3.2 million. The rest of Li Quan's lawsuit request is not supported. After the verdict, both Jiquan and Ruineng Micro were dissatisfied and filed an appeal.

Regarding whether or not the “two points” of Qi Quan Company is original, the court held that Yi Quan Company had already provided a rights registration certificate for its “originality” and the conclusion of the accreditation body also indicated “two points” in its chips. Originality. Conversely, the evidence provided by Ruineng Micro was not enough to prove what it called “conventional design”, so the court determined that Quanquan’s “two points” were original. Ruineng Micro Co., Ltd. copied the "2 points" of the chip layout design of Quanquan Co., Ltd. and commercialized it without permission, and constituted infringement.