Chapter 385: The More You Study Criminal Law, the More Fun It Becomes_3
The technology used by Dajin Company is improved independently based on the design company's design. The scope of improvement is extensive, thus it should be considered as Dajin's own technology.
Moreover, the statute of limitations for this case has passed, and all claims of Tengfei Company should be dismissed.
At this point, Jie Jianbin raised his voice slightly: "Even if we take a thousand steps back and admit that this technology indeed involves infringement, Dajin Company acquired it as a bona fide third party and should not be held liable."
To sum up, there are several points: (1) The statute of limitations has passed; (2) It is not a trade secret, lacking confidentiality, practicality, and commercial value; (3) There is no infringement, the technology is one's own; (4) The original technology was acquired by a bona fide third party.
After both parties concluded their statements, Judge Sun said, "Let's begin with evidence presentation and cross-examination, starting with the plaintiff presenting their evidence."
Old Tang began presenting evidence.
"First set of evidence: Evidence one is the High-tech Enterprise Certification, evidence two is the certificate for the technology's Technical Progress Award, evidence three is the employment contract, evidence four is the confidentiality agreement signed between Tao Zhongcheng and the company, and evidence five is the monthly confidentiality payment made by the company."
"Evidence six is Handong Tengfei Co., Ltd's confidentiality policy, evidence seven is the company's technical confidentiality agreement, evidence eight is the reply from Jingzhou City Economic Committee regarding Tengfei Company's ** project producing 50,000 tons annually and its environmental impact."
"Evidence nine is the technology value assessment report, evidence ten is the company's annual output notarial certificate, evidence eleven is the technical drawings, including fourteen pipeline layout diagrams..."
"The above first set of evidence proves that the technical information is Tengfei Company's trade secret."
"Second set of evidence: Evidence one is the ** patent dispute case file, evidence two is the report receipt, evidence three is the criminal case file of Tao Zhongcheng, evidence four is the criminal case file of the design company boss, evidence five is Dajin Company's several years of annual reports, evidence six is the safety evaluation report and design dossier filed by Dajin Company at the Safety Supervision Bureau in Tangfang City and the comparative identification report..."
"The above second set of evidence proves Dajin Company, the design company, and Tao Zhongcheng jointly infringed on Tengfei Company's trade secret."
"Third set of evidence: Evidence one is the ** patent dispute case judgment, evidence two is the notarized certificate of Dajin Company's publication of the phase two and phase three production line construction on their official website..."
This set of evidence is used to prove Dajin Company is continuously expanding the scale of infringement, with great subjective malice and extremely serious circumstances!
This evidence is specifically for filing for punitive damages.
During the evidence presentation by Old Tang, Jie Jianbin sat quietly. The evidence system presented by Tang Fangjing was indeed robust, but he could also see that the other party had not handled many cases of this type.
If he handled this case, the evidence presentation would be more comprehensive.
But considering the current situation, his side is indeed at a disadvantage.
However, he soon started presenting evidence.
"Evidence one is the ** technology patent submitted by Tengfei Company, evidence two is the production report by Dakang Company, evidence three is the 'Analysis Report of the Current Situation of ** Industry in Our Country'."
"The above evidence can prove that Tengfei Company's technology has long been disclosed and its technical information lacks confidentiality."
"Evidence four is the notarized certificate of fluctuations in Tengfei Company's production line, evidence five is the notarized certificate stating that the actual number of production lines in Tengfei Company is only twenty to fifty percent, evidence six is a report published six years ago by Tuzhang Company on 'Annual Production of 80,000 Tons... Trial Production Report.'"
"The above evidence can prove that as early as six years ago, Tengfei Company's production technology was already outdated, thus its technical information lacks practicality and commercial value."
"Evidence seven is the notarized certificate of Dajin Company's annual production of 58,000 tons, evidence eight quotes the plaintiff's evidence of Tengfei Company's approval for the 50,000-ton project environmental impact."
"The above evidence is used to prove that Dajin's technology and Tengfei's technology are not the same, with no infringement behavior, and it is their own technology."
"Evidence nine is the contract between Dajin Company and the design company..."
"Used to prove that Dajin Company is a bona fide third party, and both parties agreed that any technical disputes are unrelated to Dajin Company."
The case directly entered a fever pitch, the two sides alternated speaking as if in a play, while Cui Zhengyu stood by clenching his fists.
The bastards are too much, Tengfei's technology could be said to be unrivaled domestically at that time, yet now the opposing side claims their technology was lagging from the start!
These legal people spout nonsense without blushing?
President Qiao sat there looking fairly composed, thankfully they had invited Director Jie, otherwise handling this case would be difficult.