Dongfang.com reported on August 16 that a motorbike was moved to the trial site. This morning, Hu Mou v. Moby (Beijing) Information Technology Co., Ltd. infringed the invention patent dispute case in the Shanghai Third Intermediate People's Court, the Mobike bicycle "scan code unlocking" technology is infringement, trial site, control The two sides staged a tit-for-tat "decoding storm."
This morning, the Mobike bicycle "sweep code unlock" was suspected of infringement in the first instance. Eastern network map
"Scan code unlock" is suspected of infringement? ! Mobike bicycle as a defendant
On June 29, 2013, the plaintiff Hu Mou applied to the State Intellectual Property Office for an invention patent for “an electric vehicle control system and its operation methodâ€, which was authorized on May 4, 2016.
According to the claims, the main feature of the electric vehicle control system is that a two-dimensional code recognizer is constituted by a micro camera, a graphic decoder, a memory and a two-dimensional code comparator, and the image captured by the micro camera is decoded by the data and the memory. When the stored two-dimensional code data is consistent with the signal, the controller controls the electric vehicle to start; when the comparison signal is inconsistent, the controller controls the burglar alarm to alarm.
Hu Mou believes that Mobai manufactures, sells and leases Mobike bicycles. The technical characteristics of its products have fallen within the scope of protection of the plaintiff's patent rights. Therefore, it appealed to the Intellectual Property Court and requested the defendant to stop the relevant infringements and compensate the economic losses of RMB 50. Ten thousand yuan.
The technical investigator "sit in the town" trial, the focus of the dispute is clear
Two-dimensional code, decoder, memory, comparator... The trial site has almost become a "technical discussion". The content involved is more professional and complicated. The court used the five-person collegiate panel to hear the case for the first time, and was researched by China Telecom Shanghai. The professor-level chief engineer of the institute served as a technical investigator and participated in the investigation of the case.
According to the information confirmed by both parties before the court, the patent "electric vehicle control system and its operation method" was authorized by Hu, and it is still valid until now; the defendant's large-scale manufacturing of the lock control system used in the motorcycles that can be rented out for use. It consists of locks, cloud servers, mobile apps, mobile phones with cameras, etc.; mobile bikes are moved without unlocking, and the car will sound an alarm due to the built-in positioning system.
The court tried to focus on whether the accused product falls within the scope of patent protection and if the defendant constitutes an infringement, the two civil liabilities must be undertaken.
On-site technical comparison, detailed "decoding" Mobike denied the infringement
Regarding the infringements proposed by Hu, Moby denied all. Mobai believes that from the object of the case, the patent involved is for electric vehicles, while Mobai operates bicycles, which belong to different technical fields. It is impossible to infringe the same infringement; the purpose of patents involved solves the problem of anti-theft caused by traditional keys. That is, the user holds the two-dimensional code, scans and decodes the image on the electric vehicle, and sends the information to the two-dimensional code comparator on the vehicle. If the comparison is the same, the lock is unlocked, and if it is inconsistent, the alarm is issued. The patent involved involves two parties' interaction, and the purpose is anti-theft. This is completely different from the technical solution of the Mobike bicycle lock control system. The Mobike bicycle involves three-way interaction, and the purpose is to achieve sharing.
“Mobike is scanned by the application on the user's mobile phone to obtain the vehicle identity information on the QR code and transmitted to the cloud under certain conditions. After receiving the unlock request, the cloud will verify the vehicle identity information and user identity information. Therefore, it is judged whether the vehicle meets the unlocking condition, including whether the vehicle is reserved, whether the user owes a fee, etc., if the condition is met, the lock is unlocked, and if it is judged that the unlocking condition is not met, the response result of the unlocking failure is not fed back to the cloud server, but no alarm sound is issued. ."
During the trial, the original defendant demonstrated the unlocking process of the alleged infringing product at the court site for key technical points such as unlocking conditions and alarm conditions.
The claim of 500,000 is symbolic, and the plaintiff demanded compensation according to the defendant’s income.
If a Mobie bicycle is suspected of infringement, what kind of civil liability is required? In this regard, Hu Mou put forward two appeals: one requires Moby to stop the infringement, stop production and destroy the locks on the bicycles that have been put on the market; the second requires compensation of 500,000 yuan.
For the determination of the compensation amount of 500,000 yuan, Hu said that since Mobai has always denied the infringement, 500,000 yuan is only the amount of the claim proposed in the symbolic sense. The specific compensation for the plaintiff advocates compensation according to the proceeds of the defendant's infringement. According to relevant news reports provided by Hu, at present, Mobike operates more than 5 million smart bicycles in more than 100 cities at home and abroad, with daily orders exceeding 25 million and registered users exceeding 100 million.
Since the plaintiff did not agree to mediation, the case will be decided by the collegial panel. (The original title "Mobai "scan code unlocking" alleged infringement case in court in the "Decoding Fengyun"")
(Editor: Cui Chen HX015)
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