What's wrong with this lawyer?!

Finally, it comes down to analyzing from the perspective of legal theory, which is unavoidable; in the absence of regulations, one can only resort to "reasoning".

Regarding the issue of the statute of limitations, Jie Jianbin countered.

"I believe the plaintiff's side completely ignored our evidence submission, which is the transcript of the original patent case, and it's something the plaintiff's chief engineer once said..."

The two sides argued over this issue for half a day. Lawyer Tang's meaning was clear, that Cui Zhengyu did say those words, but at the time, he actually knew nothing.

He only said it out of anger, so it cannot be presumed that he already knew about the infringement of trade secrets then.

Judge Sun couldn't handle it anymore, telling the two to shut up and move on to the next issue.

Next was the part about trade secrets. Lawyer Tang began his narration from the aspect of patent rights.

"It is very common for the owner or holder of technical information to simultaneously use patents and trade secrets to doubly protect their technological achievements."

"The technical solution disclosed by the patent claims and the specification can be realized in the field, and it is not necessary to specifically disclose the entire content of the industrialization of the technical solution, especially the technical details of key equipment."

"From the patented technical solution to the actual industrial implementation requires consideration of many factors; in this case, from the patented technical solution to the construction of the production line and its normal operation into production, much investment is needed..."

The implication is that a patent is a patent, but turning a patent into a large production line requires many calculations and consideration of many factors.

The results of these calculations are technical secrets not known to the public.

Then Lawyer Tang analyzed separately from the perspectives of "not known to the public", "commercial value", and "confidentiality measures".

Not known to the public, referring to the part during the transformation of patented technology into industrialization, analyzed from various factors.

The commercial value is naturally proven by Tengfei Company's technological advancement award and the annual production of fifty thousand tons, which can demonstrate its commercial value.

As for confidentiality measures, there's no need to elaborate, as all those confidentiality agreements presented during evidence submission are confidentiality measures.

In response, Jie Jianbin also argued, still from the perspective of their evidence submission, claiming that this technology is not advanced, and others already know about it.

This debate didn't last long; next was "whether there was any infringement and the bona fide acquisition."

Jie Jianbin claimed that this technology belongs to Dajin itself, and the original technology was obtained from the design company, so even if the "original technology" is held accountable, it has nothing to do with Dajin.

General Manager Qiao kept sighing on the side, thinking this is what a top lawyer looks like, telling lies without blushing.

But in reality, he knew very well that when Tao Zhongcheng came to Dajin for training back then, everyone knew that this technology was Tengfei's.

Yet Jie Jianbin could say it was Dajin's technology without a hint of hesitation.

To this, Lawyer Tang countered: "The criminal docket on file already proves that the design company's technology came from Tao Zhongcheng, and Dajin Company also knew about Tao Zhongcheng's identity."

"Therefore, it can be presumed that Dajin Company had long known the technology originated from Tengfei Company."

"So according to Article 9 of the 'Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in Hearing Civil Cases of Infringement of Trade Secrets':

"If the accused infringer directly uses the trade secret in operational activities, or modifies, improves, and then uses the trade secret, or adjusts, optimizes, and improves relevant operational activities based on the trade secret, the People's Court shall recognize this as the use of trade secrets under Article 9 of the Anti-Unfair Competition Law."

The opposing side kept saying the technology belongs to Dajin, using as evidence that Tengfei's production was insufficient, while Dajin's production was as high as 58,000 tons per year.

So Lawyer Tang specifically took out the environmental assessment report to prove that Tengfei's production inadequacy was due to various impacts like environmental protection. Although you Dajin made improvements, it remains a trade secret.

"According to Article 32 of the 'Anti-Unfair Competition Law', if the trade secret rights holder provides initial evidence reasonably indicating that the trade secret has been infringed, and provides one of the following pieces of evidence, the alleged infringer must prove that there is no infringement of the trade secret:"

"There is evidence showing that the alleged infringer had channels or opportunities to obtain the trade secret, and the information used is essentially the same as the trade secret."

"Thus, the burden of proof should be on the defendant to demonstrate no infringement of the trade secret, but the opposing side failed to present such evidence."

Again, a reversal of the burden of proof, which is why Jie Jianbin went to great lengths to prove this is not a trade secret, because once it is recognized as a trade secret, there is a reversal of the burden of proof.

Jie Jianbin naturally thought of a coping strategy, which was to prove it was their technology. Who would have thought this bunch of incompetent teammates would sabotage themselves, withdrawing the perfectly good technical drawings.

So they are now completely passive, being defeated by Lawyer Tang.

Listening to the young people's words across the room, Jie Jianbin decided to retract his previous view. Who said this jerk had a good temper? The bastard turns into a mad dog as soon as the court session starts!

Biting people indiscriminately!

Even Judge Sun couldn't take it anymore, quickly stepping in to stop it.

The trial ended, and Lawyer Tang returned to normal from that mad dog state, nodding to Jie Jianbin in greeting, then leaving with Cui Zhengyu.

Cui Zhengyu was now full of admiration. Although he didn't understand the law, he could feel that Lawyer Tang gave the opponents a hard time!