The second instance of iPad case was not sentenced in court to insist that Apple fraud

October 09, 2019

Proview lawyers claimed that the new witnesses summoned by Apple helped to clarify the facts of the entire case, and that the process of witness testimony further proved Apple's intention to fraudulently purchase the trademark.

At 9:00 yesterday, the second instance of the dispute between Apple Inc. and Proview Technology (Shenzhen) Co., Ltd. was held in the Guangdong High Court. Both Apple and Proview showed new evidence. Both parties had fierce debate in court. After a day of intense trials, the court did not pronounce in court.

Apple summons new witnesses. Proviewers prove that Apple's fraudulent purchase of Apple at the court accused Accuraces of being driven by improper interests, claiming that Proview's behavior carries a financial interest-driven conspiracy. Apple also made it clear that the first-instance decision was unexpected and wrong. Since then, Apple has listed only about seven "crimes" and has summoned a witness who did not notify Proview before the trial. An investigator from the British IP company immediately testified. Apple also expressed its agreement that the ownership dispute in this case applies to Chinese law and no longer insists on the application of Hong Kong law. No longer insisted on the addition of Taiwan Proview as the co-defendant in this case.

Proview faced Apple's lawsuit and argued that the two parties finally expressed in the reconciliation stage that they still had to solicit the opinions of the company's trustee, and then the court announced the closing of the hearing and the trial result was sent to the judgement on a daily basis.

Apple and Proview both showed new evidence yesterday. Among them, Apple issued 8 new evidences, and only 7 were issued by Proview, providing emails for both parties and Mai Shihong as the entry materials for China Taiwanese Proview employees.

Prosecutor lawyer Xie Xianghui told the "Securities Daily" reporter that the so-called new evidence submitted by Apple yesterday was not new and has been submitted in Hong Kong courts. However, witnesses did testify for the first time. He believes that the new witnesses summoned by Apple help to clarify the facts of the entire case, and the process of witness testimony shows that Apple had long known that the Chinese mainland trademark belonged to Shenzhen Proview, not China Taiwanese. So more proof of Apple's intention to fraudulent purchase of trademarks.

The two sides have not yet formally negotiated Xie Xianghui told reporters that Proview has been asking the National Industry and Commerce to investigate and deal with ipad products. Once the Guangdong High Court found that ipad trademark rights belonged to Proview Shenzhen, the investigation office would immediately take action. For the prohibition order previously rejected by the Pudong court, Xie Xianghui pointed out that the lawsuit filed by Apple in Guangdong was an affirmative action suit. It was to grab the trademark of Proview. Before it was acquired, the trademark belonged to Shenzhen Proview. He believes that the court should support the temporary injunction of stopping infringement.

However, Jin Yong, an attorney with Guangdong Eastern Jinyuan Law Firm, believes that if the court decides that the iPad is banned, it will need to satisfy several conditions, that is, there are acts of infringement, related margins, and at the same time irreparable damages, without affecting the public interest. "Apple has sufficient repayment ability and will have a greater impact, so it is not suitable for ban sales."

He said that Proview initiated a lawsuit with Apple "intentionally to pay compensation," and if the final judgment decides that Proview wins, the compensation will rise. Regarding the amount of 10 billion in the previous media’s claim, Xie Xianghui said, “Now we cannot determine this amount, and we must wait until formal negotiations before we know”. According to a report he told reporters, Proview and Apple have not yet negotiated a settlement, waiting for a court decision.

IPad3 China's fate is not yet known. On the other side, Apple has issued an invitation letter to the industry. It will hold a press conference in San Francisco on March 7, Pacific time at 10:00 AM (Beijing time, March 8th at 2PM). Combined with all previous intelligence, it is expected that Apple will launch the iPad 3 on the same day.

Related to the case is whether the iPad 3 can successfully enter the mainland market will also rely on the Guangdong Higher Court's verdict.

According to judgments of a number of industry lawyers, the Guangdong High Court is likely to maintain the original verdict. If Apple loses the case. There will be only three roads: either choose to buy a trademark with Proview Court, or rename the iPad for sale. In the worst case, iPad products will not be sold in the Chinese market.

If it is the first route, some analysts have said that considering that the appeal case still needs a judgment period of about two months, and Apple’s usual release time in the mainland market, it may take a long time for the iPad 3 to enter the mainland market.

And if the latter two roads, iPad3 in China is bound to make life difficult.

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