Coquettish Rebirth

"Mr. Jia, according to the information we have now, Apple has submitted to the court several of their design materials more than a year ago. They want to use this method to prove that your Ams Jota all-in-one machine has obtained a patent in appearance. It should be theirs..." John Silver, the representative of the legal team, said, "Now they just submitted a complaint, but the court has not yet accepted it, but we will issue a statement of defense to Apple within 20 days... "

This lawyer is the attorney representing ams.Olsen had hired this law firm when he was in Dec, so after he came out to start his own business again, he still signed this firm as an agent.But why couldn't Jia Hongjian understand what the agent said? "Defense? Shouldn't this thing be done in court, and why do we have to give the defense to Apple?"

At this time, I heard Sifer say: "Sir, you may not know much about our legal process in the United States. In the field of American civil law litigation, it is like this. After the plaintiff sues the defendant, the defendant needs to issue a statement of defense to the plaintiff. Responding to each clause of the plaintiff's lawsuit, that is, admitting or denying the other party's allegations. If they all admit the other party's allegations, then obviously the court will not have to try it. They sued us in the federal court, which is in accordance with the regulations of the state court It is different, so we have 20 days to prepare...here is Apple's indictment, and now I need you to cooperate with me one by one to draft the content of our defense..."

Hearing this, Jia Hongjian could only cooperate with Sifer.They opened the indictment and took a look.I saw that in this indictment, the things listed by Apple one by one, that is, how and how Apple's patents were robbed, it was the "shape" that Apple first invented, so the patent should belong to them, and then ams The company apparently infringes the xxxx portion of their xxxx patent...

In this indictment, there are several photocopies of Apple's previous designs.Jia Hongjian took it over and saw that it was indeed an all-in-one model with an LCD screen.But the problem is, isn't the stuff made by this all-in-one LCD screen pretty much the same?Just like the LCD screen of later generations.How to do it is almost the same!Does Jia Hongjian have to make the shell of the LCD screen into the shape of a crab?Does this count as character?

Of course, not all the stuff in this indictment is out of touch.Some of them are near the edges, such as the rounded rectangles at the corners of the display.This kind of stuff.Jia Hongjian wanted to look good.It is indeed designed to be similar to the rounded rectangle of later Apple machines.And in this design drawing of Apple.It is obviously a design of an LCD screen with a rounded rectangle, but the other party can claim the patent just by drawing a few pictures like this?Nanima turned around and Jia Hongjian didn't want to do other things every day.Just draw the appearance of Apple's various products in the future. Wouldn't it be possible to sue Apple to death every day?

"Here, we can see that Apple has indeed designed products similar to ams before, and then they have also considered various sizes and roughly designed the appearance. So here I would like to ask, Mr. Jia, You really didn't copy their appearance? When did your appearance come out?" Sever looked at Jia Hongjian and asked.

"We copied them! LCD screens are originally square, and they all have a ratio of four to three, and there are only so many sizes. No matter how you do it, the main body is rectangular. Except for the square corners, the corners are rounded. , can this be regarded as plagiarism? Our design was made at the beginning of this year, but this shit is also our problem?" Jia Hongjian was quite puzzled, because the people from Shenma Apple Company casually Draw a picture, this Nima can apply for a patent?Does this let others live?Is this too immoral?

"Please don't worry, Mr. Jia, you see, you also said the key point. That is, this design is too common, such as the rounded rectangle, we can refute that everyone can design this way, which is A very obvious design, so there should be no appearance patents." Ho!This lawyer has two tricks!He was right. Of course, this obvious shape cannot be patented. Otherwise, someone would patent the circle and square triangle and tell people all over the world. Wouldn’t it be a joke?

"Next, let's look at the appearance patent applied by your ams company. Your appearance patent is mainly an arc with a specific inclination angle on the back of the display, and finally forms a drop-like appearance on the back of the display. Electronic equipment is placed inside. But for this shape, we can see in the indictment that Apple’s design is also somewhat similar. Although their design has different undulating angles, it is a bit of a drop-shaped style. They want to sue us from this aspect Infringement... But we can't rule out that it's the result of Apple's [modification] based on our ams products afterwards..." The lawyer suddenly said something shocking!

"You said they cheated?" At that time Jia Hongjian was stunned. Is this a braid?Do note identification or something, can you always find that the time is different?Although there is no certain date, but it has only been a few days since the appearance of ams company was announced?Apple's copying must be later than the announcement?

In the end, who knows, I just heard the lawyer say, "No, no, I didn't mean that they changed the drawing, what I meant was that they changed the text description. Their company's own design drawings will definitely not add any long text descriptions. But in the indictment, they can use text descriptions to seek common ground while reserving differences as much as possible to make their design appearance not much different from your product! This is a trick often used in patent litigation battles. If we ams is going to sue Apple, we can do the same..."

I bought a watch last year!At that time, Jia Hongjian was quite upset!In his previous life, he heard that Apple had obtained a patent for a rounded rectangle. At that time, some people said that Apple's patent determined the angle of cutting, the length and proportion of various aspects, and so on.At that time, when Jia Hongjian heard it, Jia Hongjian felt that it was nothing. He thought that everyone might have misunderstood it. After all, it was like Coca-Cola. Didn’t they apply for an appearance patent for the design of their curved glass bottle? Drinks can be bottled in glass, but the shape cannot be exactly the same as that of Coca-Cola.But now that I think about it, Apple is obviously viciously planning to use all kinds of broad things, and then cooperate with various "descriptions" to bully competitors!

Although this method is indeed not illegal, and it is indeed within the scope of the rules, it is too immoral and disgusting, isn't it!Jia Hongjian competed with Apple. Even if everyone developed an all-in-one machine, Jia Hongjian didn't think about making disgusting Apple through this kind of external tricks.In the end, you Apple is good, and you directly recruited outside the market to affect the sales of ams products. Is this too shameless? "Are we going to be so disgusted by them? Will your American courts support them?"

"No, no, relax, Mr. Jia. According to my experience, after Apple's lawsuit enters the trial stage with us, the chance of persuading the court not to accept their opinion is not small. That is to say, we have a very high probability of winning. Big, but the problem is that such a lawsuit by Apple is not aimed at winning the lawsuit! According to my experience, they just want to initiate a motion to request a sales ban after entering the trial, and then delay the time! In this way, the civil lawsuit will be delayed It’s normal for a few months or even a few years. If the sales ban is really passed, then even if they lose in the end, they will also go through legal procedures and delay the launch of our product!” Sifer said with a slight frown, “So, we The focus of the work now should be how to persuade the court not to issue a sales ban! Of course, in terms of the media, it is estimated that Mr. Jia, you should also do urgent crisis public relations, so as not to be damaged by this lawsuit. ..."

ha!It turned out to be such a routine.At that time, when I heard about Jia Hongjian, I understood it. Isn't this damn person purely disgusting?This civil lawsuit dragged on for a long time, but he knew it.Although he has never filed a lawsuit in the United States, he has seen it in China.In domestic civil lawsuits, if there is one side who intends to be disgusting and people want to delay, then it is normal for it to be delayed for three to five years!Even if the court decides that one party loses, the party that wants to lose money divides the property, and then fakes divorce, playing a rogue, it will be normal if it drags on for three to five years!Even at the end of the day, the plaintiff was so angry that he fell ill and died. The defendant hasn't paid the money yet!If Apple is disgusting people with this kind of thinking, then if the parrying is careless, not to mention ams being disgusted for three to five years, even three to five months, this is unbearable!How much did you charge for the pre-sale of the Yota all-in-one machine?This dragged on for three to five months, and the day lily was cold!

"Lawyer Sifer, I will trouble you next time. Please try to minimize our losses!" Jia Hongjian gritted his back molars and tightly held the lawyer's hand.At this time, the lawyer was able to help him, and he could only count on the lawyer's strength!After all, he is not a great expert in the law, and he is not familiar with the laws of the United States!

"Hehe, our firm has been Mr. Olsen's partner for decades, and I have known him personally for more than ten years. It is only right to do our best. That's fine, then I'll go back now. I'll go back as soon as possible." Bring someone to get this statement of defense, and then see if Apple has any loopholes they can seize..." Sifel said this, packed his things, turned and left.

Looking at Sever's leaving back, Jia Hongjian's teeth were about to be gritted!Jobs, you are ruthless!No wonder you have a bad reputation in Silicon Valley, and your relationship is so unscrupulous?OK!This time, if you can't kill brother, turn back, brother, you won't be disgusted to death!Is it better than a disgusting person?Brother, this reborn can disgust you to death!Didn't you just die in 2011?Come!Before you died, brother pre-empted everything!Everything disgusts you! (to be continued..)