Chapter 231 A ray of light
After obtaining patent data from the new Nokia Mobile, Duke began to hand over the data to Kerry for analysis and comparison.
In Kerry's space, there was a simulator of the Apple iPhone series. Kerry quickly completed the analysis. The analysis results were very exciting. Kerry discovered more than 100 patented technologies, and nearly two hundred suspected infringements. If it weren't for deep understanding of the logic of iOS to explore it, it would have been impossible to imagine that the iOS system would use so many patented technologies of Nokia mobile phones.
It is the iOS closed system that covers these sneaky behaviors.
After getting this data, Duke was still not happy. Although Kerry could analyze and compare these things, under normal circumstances, the existing technical means basically cannot prove these infringements. Unless Duke can obtain the source code of the ios system.
But this is obviously a fantasy. Although the ios source code will not be kept tighter and safer than the Coca-Cola formula, it is definitely one of the few secrets in the world.
It is even more difficult for Duke to explain these data analyzed by Kerry with normal thinking.
Therefore, with this patent infringement list, there will be no difference between Duke and not.
For Duke, the most painful thing in the world is this. He knew that the other party had done something bad, but he still couldn't speak out. It was an extremely rare experience to be so frustrated in life.
"Caicai," Duke got Kerry's result, but could not take it out as a certificate of court. He couldn't help but call Cai Siqiang to complain about this aggrieved thing. "I found some signs that Apple used our patent, but I can't prove it. If you bring the legal counsel here, let's discuss how to use these things and fight back against Apple."
Faced with such an important thing, Cai Siqiang of course did not say a word and came over with his legal counsel and Zhao Jianwu.
"You see, the method implemented in our company's SMS patent is like this. Let's look at Apple's functions in this SMS implementation. Did some of our patents use some technologies in our patents?" Duke explained his discovery and tried to use the characteristics of Apple's mobile phones to illustrate signs of infringement.
"It's very similar, but if we don't have direct evidence that his implementation logic is to use our patent method, then we still cannot sue the other party if it's just like it." The legal counsel carefully studied Duke's discovery and shook his head and said.
"Does this patent infringement be accused of the prosecution to provide evidence? Can the other party provide evidence to prove that he was not produced according to our patent technology?" Duke asked. He didn't know much about the law, especially the intellectual property relations are more professional, and most people can't figure it out at all.
"Patent infringement disputes are not without the reversal of the burden of proof. But this situation is very special." The legal counsel is worthy of being an expert and knows all the knowledge about these things.
"According to professional subdivision, patent methods can be subdivided into manufacturing methods, testing methods, processing methods or communication methods, etc. In patent infringement cases, the only thing that involves the inversion of the burden of proof is the type of manufacturing methods, and it must be the manufacturing method of a new product."
"The judgment condition for this new product is that compared with similar products that have been available before the patent filing date, there are obvious differences in the components, structure, quality, performance and functions of the product."
"From the suspected infringement of the text message function you provide, there is no such premise, so it is impossible to ask the court for the burden of proof to be reversed."
Duke was a little vague about the series of professional answers from the legal counsel, but Duke heard the final conclusion clearly, that is, it is not feasible to solve the threat of patent litigation by inverting the burden of proof.
"Then are there any other ways to solve this problem?" Duke asked.
"There is another way, which is to accurately grasp the logic of the other party to implement this function, which is the same as our patent logic, such as getting the other party to implement the source code." said the legal counsel.
Doesn’t this mean I didn’t say it? Duke heard that there was a way, and he was already full of hope, but when he heard that it was this, he almost choked. He was able to get the source code to realize it, and hundreds of infringements could be found. It’s still worth telling you.
"Duke, have you found anything else?" Cai Siqiang was also holding great hope, looking forward to Duke bringing you a miracle again.
"I found that there are many more, but they are basically similar to this one, and I can't find direct evidence." Duke said. "I use this phone more often. After looking at our patents, I found that there are some patents that Apple has the possibility of infringement."
Anyway, these guys are all confidants. Although the legal counsel is not counted now, they should not have a deep understanding of the technology industry, so Duke is not afraid of exposing his super abilities. He counted the dozens of important items that Kerry found one by one.
"Damn, Apple may have used so many of us." Listening to Duke's detailed description of these possible infringement functions, Cai Siqiang's eyes were wide open. "I still think these are their original works. It turns out that our patent is also a treasure house. If we can seize their handle, we must kill them."
"The thief actually called to catch the thief and threatened us with this thing. It turns out that the robber logic has the advantage in this world." Cai Siqiang said angrily. It's just that these things are just suspicious, and in the eyes of legal counsel, they are not enough to be a testimony in the court.
Zhao Jianwu silently listened to Duke’s doubts about these functions, “Duke, you will give me a list of these discoveries later. I will organize people to dig deeper and take a look.”
Although Duke's discovery today did not bring any big surprises to everyone, having so many clues can also bring a glimmer of light to everyone.
If there is an opportunity to force Apple to sit down and negotiate and play these things as trump cards, it may have unexpected results. Thinking of this, Cai Siqiang was a little relieved. He could not have too high demands on Duke. Duke must have tried his best to find so many suspicious points in such a short time.
This is not only very familiar with the functions of the mobile phone, but also requires learning how to look at the other party's functions in combination with your own patents so that some clues can be found. Cai Siqiang did not expect that Duke had a killer weapon like Kerry.
"Duke, don't work too hard," Cai Siqiang walked over and patted Duke's shoulder and said. "Being healthy is also important. Although these things are a threshold for us, we may not be forced to death by this phone."
Chapter completed!