Chinese Company Defends Case Against Apple
June 24 2016 - 11:16AM
Dow Jones News
BEIJING -- The lawyer for a Chinese company that won a patent
ruling against Apple Inc. said his client has no intention of
affecting either the U.S. tech giant's product sales or
reputation.
The ruling, which Apple is appealing, is an example of the
growing number of patent disputes in China as the country's
intellectual-property system matures and as Chinese companies
become more adept at using patents as a competitive tack.
Andy Yang, the Beijing-based attorney representing Shenzhen
Baili Marketing Services Co., held a press conference Friday
afternoon, the company's first public appearance about the
case.
"What Baili wants to achieve is to clarify the facts and protect
its own innovation and intellectual property rights," said Mr.
Yang, of Beijing Wis & Weals.
Baili is owned by Digione, which withdrew from the market last
year.
Xu Guoxiang, the founder of Baili, confirmed it was wholly owned
by Digione in a text message to The Wall Street Journal.
"Baili is an independent company, and one's protection of one's
rights through legal measures shouldn't be affected even if one
comes across financial difficulties," he wrote.
According to Mr. Yang, the lawyer, Mr. Xu and his team finished
the design of their 100C mobile device in 2013 and applied for its
patent with Chinese intellectual-property authorities in January
2014. He showed documents purporting to show that Apple applied for
iPhone 6 and iPhone 6 Plus design patents in the U.S. four months
later, according to the U.S. Patent and Trademark Office online
database.
Apple then submitted its design patent to Chinese authorities in
October 2014, according to documents Mr. Yang showed.
Mr. Yang pointed out 27 phone features which he said could
confuse consumers between the two companies' products, ranging from
the frames' angle of curvature to placement of buttons on the
side.
Mr. Yang said the company couldn't speculate on why the designs
were similar. He emphasized that the first-comer should get the
patent even if a design overlap was a coincidence.
Apple's lawyers wrote in their appeal that the iPhone 6 and
iPhone 6 Plus don't infringe on Shenzhen Baili's patents.
Apple says it has appealed the Beijing patent office's decision
and the sales injunction has been stayed pending review by the
Beijing Intellectual Property Court.
"iPhone 6 and iPhone 6 Plus as well as iPhone 6s, iPhone 6S Plus
and iPhone SE models are all available for sale today in China,"
Apple said in a statement Wednesday. Apple didn't comment further
Friday on Baili's statements.
Mr. Yang said the company was happy to see Apple's success in
the Chinese market and willing to maintain friendly collaboration
with its industrial competitors. He didn't say whether Baili plans
to claim financial compensation from Apple in the future.
Yang Jie and Eva Dou contributed to this article.
(END) Dow Jones Newswires
June 24, 2016 11:01 ET (15:01 GMT)
Copyright (c) 2016 Dow Jones & Company, Inc.
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