Chapter 1204: Chapter 388: This is just the beginning! _3
“Because from the involved technology’s point of view, the equipnt selection it encompasses as well as the structure, dinsions, shape, and production process paraters of the related equipnt are all essential technologies for Dajin Company to build its production system.”
“Without using this technology, Dajin Company cannot establish a production system at all.”
“The ‘Provisions on Several Issues Concerning the Application of Laws in the Trial of Civil Cases Involving the Infringent of Trade Secrets’ by the Supre Court states in Article 18 that, when the rights holder requests a judgnt for the infringer to return or destroy the carrier of trade secrets, or to remove the trade secret information under their control, the People’s Court should generally support it.”
“In summary, the production system in this case is clearly the carrier of this trade secret, and the destruction of the accused infringing production system which embodies the involved trade secret is justifiable as a cessation of infringent. We earnestly request the court to support our claim!”
This ti, Tang Fangjing combined the case’s situation with judicial interpretation to establish a new logical relationship.
The trade secret here is embodied in a technical manner, and the opposing party clearly used this technology in building the production line, so the production line is the carrier of that trade secret, without any doubt.
According to judicial interpretation, when the destruction of such a carrier is requested, the People’s Court should support it!
Jiang Fuzhi found it difficult to refute because the opposing party’s logic was flawless.
What he could still talk about was “statute of limitations” and “not a trade secret,” which are colloquially known as repetitive argunts.
It was too distressing, like being imprisoned.
Tang Fangjing squinted his eyes and said, “Judgnt Chief, I believe the opposing representative is reiterating his points.”
Upon hearing this, Jiang Fuzhi felt uncomfortable imdiately. Although I am indeed repeating argunts, you can’t attack so directly!
“Judgnt Chief, the opposing representative is personally attacking , I…”
Before he could finish, Tang Fangjing interrupted him.
“From the beginning of the court session until now, you have ntioned the statute of limitations twenty-five tis, and said ‘not a trade secret’ thirty-one tis, so how do you expect to respond?”
“Oh, if you don’t believe , you can check with the clerk to see if it’s true?”
At this mont, the clerk timidly said, “Lawyer Tang is correct, it indeed is that many tis.”
Jiang Fuzhi’s face turned red upon hearing this, and he could only point at Tang Fangjing and say “you” for a long ti without uttering anything else.
It seed the Judgnt Chief finally reacted and said, “Both representatives stop talking, starting to argue without the Chief’s permission, you are each warned once!”
“Court session continues!”
Jiang Fuzhi was baffled; wasn’t the other party attacking ? He was personally attacking ! Now, both sides are warned, and that’s it?
And the clerk, she…
He could only think about it and dared not speak out loud.
However, the Judgnt Chief spoke again, “Dajin Company’s representative, you should also pay attention and not repeat the content.”
Jiang Fuzhi: “…”
Unable to repeat content, there’s nothing more to say, and finally, the Judgnt Chief delivered the “this court session has ended, adjourned for now.”
Jiang Fuzhi left with a gloomy face, carrying his bag, originally planning to greet Tang Fangjing, but now he didn’t even want to say a word.
No wonder they say that people like Tang Fangjing are ignored even by dogs, it seems to be true, he’s like a mad dog!
Jiang Fuzhi has worked as a lawyer for so many years and has never seen a lawyer like this.
After leaving the court, Jiang Fuzhi imdiately posted an update: the court session has ended, and the situation is not good.
anwhile, so so-called “law popularization bloggers” had already started posting videos online.
“Everyone, today we’re talking about this second trial issue. As we all know, the rate of overturning verdicts in second trials is very low, why is that? This leads us to the assessnt issue…”
Jiang Fuzhi wanted to create an atmosphere. Although maintaining the original judgnt was a loss for him, it was also greatly related to the second trial.
As for overturning the verdict, he thought it was impossible, because the first trial was awarded five hundred million, it’s not a small amount!
Dismantling production facilities is even more absurd; that’s the third phase of production lines, just building them cost billions, and now a single judgnt is asking for it to be dismantled?
Unless the Supre Court has gone mad!
The online reactions were indeed more or less as he imagined, with so followers comforting him, telling him not to be too upset.
There were also ntions of the “regional protection” issue.
“Wait and see, it’s still going to be the sa. Lawyer Jiang did his best, but this case can’t be overturned, the first trial shouldn’t have been handled by Handong Court.”
Even Tang Fangjing’s audience was arguing with them, but since the case wasn’t decided, all the arguing had no conclusion.
In fact, there was also controversy within the Supre Court. On one hand, Dajin’s actions were extrely egregious and must be punished.
On the other hand, both providing compensation and dismantling facilities were not easy decisions to make.
The case went to the judicial committee, where there was similar controversy, but finally, a decision was made.
It was another beautiful morning as Tang Fangjing walked out the door with a full briefcase; today the verdict would be announced.
He couldn’t be bothered with the online matters; once the case was judged, everything would be resolved.
There was a lot to do today.
Soon, he arrived at the Supre Court, where Jiang Fuzhi and Mr. Qiao had also arrived on the other side.
It was clear that Mr. Qiao’s face did not look good. He was well aware of last court session’s circumstances, though it was unclear if he had inford the company.
“The original court, considering the waste of social resources and production safety, hopes to encourage both parties to reach a technical license by ruling to stop usage rather than destroy the production equipnt.”
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