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Qike sued Jiangyou in the United States for appearance infringement of its self-balancing scooter, but Jiangyou’s application to avoid the judge was rejected.
Release Time：
2022-08-11
Qike has filed lawsuits in the United States against some domestic self-balancing scooter companies, such as Razor USA LLC, Hillo America, Inc., and Swagway LLC. It has also filed lawsuits against the U.S. subsidiaries of some Chinese companies, such as Zhejiang Taotao Golabs, Inc., the U.S. subsidiary of the automobile industry, and Shenzhen Yilianke Electronics Co., Ltd., etc. Qike alleges that these companies have infringed on its invention patents and design patents, and each lawsuit includes the ’723 design patent involved in this case.
On August 9, the U.S. Court of Appeals for the Federal Circuit rejected an application by Chinese self-balancing scooter company Gyroor to cancel the U.S. Northern District of Illinois on the grounds of "preconceived bias" against "foreign companies." Qualifications of a District Court Judge. The appeals court ruled that the judge would continue to hear the case.
In August 2020, another Chinese self-balancing scooter company, Hangzhou Chic Intelligent Technology Co., Ltd., and its exclusive U.S. sales company Unicorn Global, Inc. sued Jiangyou and its partners in the district court. Eight related online stores were accused of infringing on Qike's four U.S. appearance patents D737,723 (name: self-balancing vehicle), D738,256 (name: self-balancing vehicle), and D785,112 (name: human-computer vehicle). Interactive car) and D784,195 (name: Human-computer interactive car).
Shenzhen Chetaidou Technology Co., Ltd. is a manufacturer of balance vehicles under the brand "Xianyou". The company owns many brands, and Urbanmax, another electric scooter brand, is also one of the nine defendants in the case. Che Taidou's sales in 2021 are 200 million yuan, of which overseas sales account for more than 95% of its sales.
The judge of the district court determined that Jiangyou and the other eight defendants had infringed Qike's design patent and issued an injunction to them, prohibiting them from continuing to sell products on e-commerce websites such as eBay and Amazon.
In July and September 2021, the nine companies appealed the decision to the Court of Appeal. The court has planned to hear the appeal in September this year.
In July this year, the nine companies filed an application with the Court of Appeal, requesting the court to issue a writ of mandamus to disqualify the district court judge from participating in the case. They are based on Section 455 of Title 28 of the United States Code (Title 28 of the United States Code is Judicial System and Judicial Procedure). They allege that the judge said during the trial that "[our] district courts usually issue injunctions when it is necessary to freeze the assets of all defendants" and that "it is no secret that counterfeiters and others are infringing on intellectual property rights on eBay and Amazon." , which proves that the judge has a "preconceived bias" against "foreign companies". The judge admitted that he only used the word "foreign" in his response to Chic. At the time, Chic pointed out that “the defendants in this case are located outside the United States, making it easier to hide assets and not comply with court orders.” On August 9, the Court of Appeal held that all relevant words of the judge did not constitute prejudice.
Qike has filed lawsuits in the United States against some domestic self-balancing scooter companies, such as Razor USA LLC, Hillo America, Inc., and Swagway LLC. It has also filed lawsuits against the U.S. subsidiaries of some Chinese companies, such as Zhejiang Taotao Golabs, Inc., the U.S. subsidiary of the automobile industry, and Shenzhen Yilianke Electronics Co., Ltd., etc. Qike alleges that these companies have infringed on its invention patents and design patents, and each lawsuit includes the ’723 design patent involved in this case.
Source: Internet Comprehensive
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