Lawyer: Start with legal retaliation against infidelity!

Chapter 216 Xu De: The client is truly guilty!

The cowardly game, in the theory of two drivers traveling in opposite directions.

When one of them removes the steering wheel, he becomes no different from a telephone pole or a mountain.

Most people have no reason to keep pressing the accelerator and crash straight into a telephone pole.

The same reason.

If Xu De tries to stall at the beginning and tries to defend himself... then Sun Qiao will continue to be toxic, believing that Xu De may still be working towards acquittal.

So he would start playing the game, and Xu De would also feel very tired.

Therefore, Xu De chose to remove his steering wheel, turning himself from a driver who could avoid obstacles into an immovable telephone pole.

Since you don't have a steering wheel, the other party either chooses to crash into a utility pole and die together, or...

Move the steering wheel yourself!

"Your Honor, we have objections!"

The prosecutor's seat and the plaintiff's agent's seat.

Sun Qiao forced himself to be brave, inwardly cursing.

But outwardly, he still turned to look at Judge Zhang Wei on the bench, took a deep breath, and asked in a deep voice:

"Regarding this case, concerning the illegal 'infringement' committed by the defendant Gao Yu against Tianhe Pharmaceutical Company, we believe... there is a misunderstanding."

Is there a misunderstanding regarding pharmaceutical companies' infringement claims?

Everyone was surprised.

Just as Sun Qiao was about to continue speaking.

Suddenly, another voice came from the defendant's seat, interrupting them.

"objection!"

"Presiding Judge, the case has already been thoroughly investigated and resolved in the first instance by the Wutong City Basic People's Court!"

The crowd's thoughts were interrupted, and they subconsciously turned to look at the defendant's seat.

Xu De rejected Sun Qiao's earlier rejection.

His brows were furrowed, his gaze fixed on Judge Zhang Wei, and his words were full of righteousness.

"Presiding Judge, according to Article 177 of the Civil Procedure Law..."

The original text clearly states: "The second-instance people's court shall, after hearing the appeal, handle the case according to the following circumstances."

One of the provisions states: "The original judgment or ruling was based on clear facts and applied the law correctly; therefore, the appeal is dismissed and the original judgment or ruling is upheld."

"also."

"Based on Article 334 of the Interpretation of the Civil Procedure Law."

The original text clearly stipulates: "If the facts found in the first instance and the application of the law have minor flaws, but the judgment is correct, the second instance should uphold the original judgment!"

Generally speaking, there is a difference between the court and the leadership.

Company leaders may boss their subordinates around, frequently think of them as incompetent, and demand that they revise plans.

But the courts are different.

The higher courts have great respect for the lower courts.

In the vast majority of cases, the judgment will not be changed!

The judgment here refers to both 'conviction' and 'sentencing'. As for what it means, the second instance added a new charge?

No, at most the sentence will be modified based on the original judgment.

If the first instance ruling is very good, and both factors are perfect, then... the second instance usually won't make any changes.

"The conflict between the defendant Gao Yu and Tianhe Pharmaceutical Company is objectively real, and the facts of the infringement are clear."

"In this case, the civil aspect does not require a second trial!"

In the dock.

Xu De stood up, his tone full of righteousness.

"Your Honor, we request that this appeal uphold the verdict of the first instance!"

brute!

That beast that chases and bites!

Agent's seat.

Sun Qiao was furious when she realized that the other party had no intention of taking the opportunity to back down.

He looked up and saw that the other person's face was ashen.

And this scene.

The judge and prosecutor were clearly taken aback.

"Respect the first instance? If you respected the first instance, why would you appeal if you had nothing better to do? What's the point of going to a second instance?"

"Why not just go serve your sentence?!"

Judge Zhang Wei stared at him blankly, his mind racing with thoughts, wondering what kind of trouble the other party was up to.

He hesitated for a moment at first.

Immediately afterwards, he turned his head to look at the prosecutor's seat, his gaze landing on Sun Qiao Zheng Tong's face, which was covered in black lines.

Presiding Judge Zhang Wei paused for a moment, then asked:

"agent."

"In your opinion, what aspects of the case involve misunderstandings?"

Where is the misunderstanding?

How could Sun Qiao know where the misunderstanding was?!

He said that purely for the benefit of Tianhe Pharmaceutical Company. Does he intend to appease the defendant, say that Gao Yu is really guilty, and pronounce a verdict directly?

Fortunately, the lawyers at Blue Flower Law Firm are not just good at swearing.

His professional skills are not bad!

There, in the agent's seat...

Sun Qiao pretended to unscrew the water bottle to quench his thirst, stalling for time while constantly thinking. After a few seconds, an idea came to him.

"presiding judge."

"In the first instance judgment, the judge ruled that the defendant, Gao Yu, infringed on the experimental data provided by our pharmaceutical company to Qinghe Pharmaceutical Company."

"This data is from Tianhe Pharmaceutical Company's new drug development project, and some of the data has been subcontracted to Qinghe Pharmaceutical Company."

"However, because there is an information barrier between the legal department and the R&D department, therefore..."

"I only discovered this error after the first instance verdict was handed down."

Sun Qiao slowly opened his mouth, and with a few words he filled in the gaps in his logic.

"That is to say..."

"The data provided by the R&D department is incorrect. The data for the 'development drug' should have been given to Qinghe Pharmaceutical, but in reality, the data for another drug that is already mature on the market was given."

"In summary."

"Regardless of whether the defendant infringed on the rights of this drug, then..."

"None of them have infringed upon the substantive interests of Tianhe Pharmaceutical."

"Therefore, we are willing to waive our right to pursue civil litigation!"

Was the data given incorrectly?

The data that was originally intended for Tianhe was mistakenly given as [Imatinib].

Because the R&D department and the legal department have different roles, the legal department mistook this incomprehensible data for their own drug and filed a lawsuit.

Everyone frowned.

Not to mention the presiding judge, even the prosecutor in the public prosecution seat frowned and looked unusually serious.

"Agent, who is the person responsible for transferring the materials?"

Prosecutor Liu Xian asked questions in annoyance, his tone clearly tinged with anger.

For the other party, the information presented in the first instance was overturned.

But it's different for prosecutors.

The prosecutor is responsible for the case. If the first instance ruling is flawed and the second instance ruling is problematic, the local procuratorate will definitely hold Liu Xian accountable!

"Why did Tianhe Pharmaceutical Company never conduct any investigation in the four months that followed?!" Liu Xian asked.

"She's an intern!"

Agent's seat.

Sun Qiao felt somewhat exhausted.

One lie often requires countless lies to cover it up, but thankfully, it can be easily passed on to the all-powerful intern.

"Because Tianhe Pharmaceutical did not attach great importance to the research and development of this new drug, an intern was in charge during the data transfer period."

"After realizing he had made a mistake in handing over the task, the person was afraid of taking responsibility and resigned several months ago. He has not been heard from since."

"And pharmaceutical companies."

"The reason why the error was discovered was because the drug development process was delayed."

Putting aside other things.

Interns may lack ability, courage, and even intelligence.

But they have strong shoulders.

Whether it's the civil engineering industry or the financial sector, in short, they can handle any industry they come into contact with, no matter what the problem is!

After he finished speaking, everyone pondered for a moment.

Prosecutor Liu Xian's expression gradually returned to normal, and he was no longer so angry.

If we only consider this aspect... it doesn't involve the criminal field.

Although it may lead to a reduction in civil compensation in the second instance, it is negligible and has no impact on criminal cases.

Unfortunately...

"Agent, may I ask if I may? Does the pharmaceutical company have any information about this intern?"

In the dock.

Xu De's voice came again.

Before everyone could finish their thoughts, they were interrupted. Looking up, they saw Xu De with a displeased expression. He said:

"Furthermore, regarding the data on the defendant's infringement of imatinib in this case..."

"Where did Tianhe Pharmaceutical Group come from?!"

It only lasted a few seconds.

Xu De found numerous loopholes in the conversation. He stared at the agent, Sun Qiao, expressionless, and spoke in a heavy tone:

"First."

"Your Honor, regardless of what the intern provided, the key is which drug's data Gao Yu violated."

"In short, I want to ask, where did Tianhe Pharmaceutical get the 'fake data'... oh, I mean, the data for this drug [Imatinib] that the intern provided!?"

Don't worry about whether it was a mistake made by an intern.

Even if it was truly a mistake.

Does this indirectly confirm that Tianhe Pharmaceutical Company has data on imatinib?

Where did they get their data from, a pharmaceutical company that has no patents and no licenses?

Copyright infringement!

Only infringement and illegal research can provide an explanation.

The prosecutor's stand.

Sun Qiao, sitting in the proxy seat, was already drenched in sweat.

They wanted to withdraw the lawsuit, but the reason for doing so was to distance themselves from Novartis, rather than using the excuse that Tianhe Pharmaceuticals did infringe on their rights by providing incorrect data!

Damn it...

This case.

If I'm not careful, I could win the case!

"Defendant, the drug data was all prepared by the intern himself..." Sun Qiao began.

He also wanted to shift the blame to the intern.

What? The interns don't have the equipment or the skills to reverse engineer [Imatinib]?

What if they're a genius?

But it was clear that Xu De was not giving this "genius" a chance.

"second!"

In a daze.

Xu De's eyes narrowed, and he spoke sharply, uttering the rest of his words.

"Your Honor, during the first instance trial, Tianhe Pharmaceutical Company argued that the companies had the same 'research field,' the same 'research direction,' the same 'disease to overcome,' and 'drugs that are similar'..."

"These are the reasons for the infringement lawsuit filed against Qinghe Pharmaceutical!"

"As the agent just said, the legal department cannot understand pharmaceutical data. Therefore, during the first instance, the opposing party must have verified with the R&D department to confirm the grounds for the lawsuit."

The fields, directions, diseases targeted, and drugs used share similarities at the microscopic level...

The Ministry of Justice wouldn't be able to see this.

It's like if you go to a construction site and ask someone how to parse code, nine and a half out of ten people won't know.

If you go to a big company and ask a programmer how to lay the bricks more evenly, the programmer will be completely baffled.

The Ministry of Justice cannot possibly discern these grounds for prosecution from the data alone.

It must have been confirmed with the R&D department!

"so!"

"Given the erroneous submission of information, how did the R&D department manage to determine infringement in such a short time using data from an unfamiliar drug that wasn't even developed by them?!"

When Xu De spoke, every word was both precious and piercing.

for example.

You could probably find the toilet at home with your eyes closed because it's so familiar.

But can you find a toilet with your eyes closed in an unfamiliar environment?

No.

The same reason.

If the R&D department hasn't researched this drug, then the other party would be completely confused when they see the two drugs, 【imatinib】 and 【ponatinib】.

Instead of directly confirming that there is a problem between the two parties!

this......

Sun Qiao's forehead was sweating more, and his palms were very damp.

"This is......"

He wanted to speak.

But it seemed as if the other person was waiting for him to speak; if he didn't speak, they wouldn't say anything, and as soon as he opened his mouth, he was immediately interrupted.

"third!"

"Agent, you might say it's that 'undeveloped' drug from Tianhe Pharmaceutical Company that has the same properties as [Ponatinib]."

"That's why, after seeing the efficacy of ponatinib, people subconsciously assumed it was a drug they developed themselves, rather than looking at the data."

"but......"

Xu De paused as he spoke.

His attitude was very firm.

He's convinced of this crime today!

"Before the trial, I investigated and found that Tianhe Pharmaceutical is currently developing 132 drugs, of which as many as 40 have entered clinical trials."

"And without exception, none of these drugs are related to chronic myeloid leukemia."

"The remaining 92 drugs are still in the laboratory stage."

The problem is coming.

The other party said that the drug infringement was not determined based on imatinib, so Tianhe Pharmaceutical must have a drug development project that is consistent in terms of efficacy, field, and direction!

Of the 132 drugs tested, 40 were found to be unrelated.

So.

Of the remaining 92 drugs, is there really one that is related to [ponatinib]?

and.

Besides having similar efficacy, their research progress needs to be pushed forward to the eve of clinical trials, surpassing Gao Yu's experimental progress; otherwise, the plagiarism logic still cannot be fully established.

You can't exactly say that someone who got 100 on a test copied someone who got 1 point!

If no medication meets the above criteria, then...

"It's obvious."

"Your Honor, after Tianhe Pharmaceutical sent the drug data for imatinib to Qinghe Pharmaceutical, our defendant, Gao Yu, developed ponatinib based on this data!"

"According to Article 11 of the Patent Law of the People's Republic of Korea."

"There is a clear possibility that the plaintiff has infringed on their patent!"

According to Article 65 of the Patent Law, "implementing a patent without a license" equals patent infringement!

"Based on Article 1165 of the Civil Code, the 'General Provisions on Fault-Based Torts'."

The original text explicitly states...

Xu De spoke eloquently.

If his legal expertise were witnessed by his peers, they would probably be so terrified that their palms would be sweating profusely.

Why?

Because he doesn't need to look at the draft at all; he just thinks for a moment, and the ideas in his mind come out directly. He's a pure legal monster.

Xu De continued:

Original text: "A person who infringes upon the civil rights and interests of others due to fault and causes damage shall bear tort liability. Patent infringement falls under the category of intellectual property rights infringement, and this article applies to those who infringe upon intellectual property rights, including cessation of infringement and compensation for losses!"

"In summary."

"presiding judge."

Xu De glared at the judge, his voice booming. He was trying his best, exhausting all his strength, just to prove that his client was guilty.

"Our representative, Gao Yu..."

"There is clear evidence of illegal activity!"