On July 25, 1985, the first patent case with Chinese as the protagonist was officially opened in Chicago, USA. Years later, domestic intellectual property legal practitioners have given a very high evaluation of this, believing that this is the first awakening of the Chinese people's intellectual property concept.
Of course this is another story.
On the morning of the 25th, the three of Li Zheng set off from the Chicago Hotel and went to the Chicago Court.
There were already many reporters at the entrance of the courthouse. The American people have discovered a very interesting thing. In this case between Americans and foreigners, the American media, who have always been short-handed and even unreasonable, actually praised the Chinese this time.
The curiosity of the American people was suddenly mobilized, and they began to pay attention to this patent case through various channels.
"It's Li Zheng, that Li Zheng!" Some people were surprised to find that the defendant and the other protagonist of the case was Li Zheng, who just won the Most Influential Biological Person of the previous year.
Li Zheng's beautiful resume makes the American people who are short-sighted can't believe that this talented young scholar can steal scientific research results.
"Plaintiff O'Neill Bardock sued the defendant Huaqing University, Huaqing University Biological Laboratory, Huaqing University Ninth Biological Research Laboratory for breaching Article 142 of the contract terms and shall not disclose project-related information to third parties in any form during the contract period , Article 163 During the contract period, research on related projects shall not be conducted in any form. The case is now officially open for trial.”
Oni and Li Zheng stood on the plaintiff's and the defendant's seats respectively. The auditorium was already packed with people. In addition to Oni's teacher and colleagues from Chicago, there were also many Chinese who came to hear the news. They came here with the purpose of showing solidarity with their compatriots, because they have lived in the United States for so many years and fully understand the strong xenophobia under the surface of inclusiveness in the multi-ethnic country of the United States.
But when they got to the scene, they realized that their trip might have been in vain. This young Chinese scholar has conquered the American media with his charisma and strong academic level, making these public opinion leaders who are usually mean enough to even take the liberty of the president to put away their bitter side.
"First of all, the plaintiff's side will present the case and provide evidence." The judge looked at O'Neill's position solemnly.
Oni nodded to the lawyer next to him, and the lawyer stood up.
Professor O'Neill's brows were furrowed, and he hadn't loosened it since he went to court. He already felt a little regret for his impulse. Before filing the lawsuit, he had no idea that the person in charge of the Huaqing Ninth Biological Research Laboratory was actually Li Zheng.
Isn't Li Zheng from Hong Kong? How could he have gone to Huaqing? If, if he had known earlier, he might have adopted a more gentle method.
"Okay, Judge. On May 13, 1985, Mr. O'Neill Bardock signed a data contract with Mr. Meng Jiayin, the former head of Huaqing Biological Laboratory, and hired Huaqing University's biological laboratory. The laboratory acts as its data processor in the 'extended organ storage' project, which is the original contract."
"Article 142 of the contract clearly stipulates that during the contract period, the Huaqing University Biological Laboratory shall not disclose the project information given by the University of Chicago Biological Laboratory to a third party in any way. However, we have compared the experimental procedures between the UW solution project and the CH5 solution project. For the discovery, the preliminary work of the CH5 solution project copied the previous project results of the UW solution, which is a comparison chart of the experimental process."
“Also, Article 163 of the contract clearly stipulates that during the contract period, the Huaqing University Biological Laboratory shall not conduct any research related to the contract project in any form. However, it is well known that both CH5 solution and UW solution are organ storage solutions, and Because of the emergence of CH5 solution, the contract between Prof. O'Neill and Novartis was stopped, which brought huge losses to Prof. O'Neill. Therefore, we have reason to believe that Huaqing University purposefully conducts homogenization research to capture the interests of the contracting parties. The report is over."
Oni's lawyer nodded to the judge, and then handed over the contract with Huaqing Biological Research Laboratory and the process comparison chart of the two projects as evidence.
The judge and the other adjudicators turned over, with solemn expressions on their faces. There were also rustling voices in the audience. Obviously, the reasons given by Onifang seemed very sufficient on the surface.
Chen Anbang and Wu Zhaomeng were also obviously anxious, and both of them turned their attention to Li Zheng who was sitting safely beside him.
Li Zheng was talking to the lawyer next to him in a low voice. The voices of the two were very low and fast, so that others couldn't hear what they were talking about.
"Xiao Chen, we won't lose this lawsuit, right?" The sweat on Wu Zhaomeng's forehead was about to fall. The first secretary of Huaqing to stand in the dock, the first one to stand in the dock also lost the lawsuit. The secretary of Huaqing, Wu Zhaomeng was about to cry without tears. He knew earlier that he would rather argue with the people above than suffer this crime.
This way of going down in history, he didn't want at all.
Chen An was angry and impatient on the face. The Chicago side actually used the words "hired" and "data processing contractor" to describe Huaqing University's biological laboratory. One day, the people of Huaqing wanted to do their own experiments in a dignified manner, and they wanted to show teachers of their projects generously. He only felt a surge of enthusiasm.
If it wasn't for the remaining reason telling him that he couldn't do this, he would have liked to rush up and hit that Professor Oni in the face.
Li Zheng! Please! Don't lose this case! Chen Anbang shouted in his heart.
Li Zheng seemed to sense something, just raised his head and gave Chen Anbang a reassuring look.
"It's up to the defense's lawyer to state now." After all the trial staff had read the evidence, the judge spoke again.
Li Zheng's lawyer was hired by Kent for help. He is a very famous patent attorney in the United States.
"Okay, Judge."
"First of all, my client asks me to clarify one point. The Huaqing University Biological Laboratory signed a contract with the University of Chicago Biological Laboratory based on the wish of project cooperation, not the so-called data contractor as the Chicago side said. Here I am. There is an invitation letter from the University of Chicago, which clearly states that Huaqing University's Biological and Biological Laboratory is invited to be the project partner of the 'extending organ storage time' project. In the contract, they used English words skillfully, vague and vague. I have protested to the University of Chicago against the concept of a partner.”
"I have here a petition written by Professor Meng Jiayin, which was originally sent to the University of Chicago, and here is a copy. Professor Meng Jiayin is angry that Huaqing's efforts were not paid for after the UW solution paper came out. In return, he suffered a heart attack and died. Of course, this is not a sensational card on our side, my client just wanted to make it clear that academic hegemony can lead to regrettable lifelong results.”
The judges in the bench looked at each other in dismay, and there was a chatter from the audience.
Oni's teacher, Professor Jimen, was sitting in the first row of the auditorium. He heard the statement of the defendant's lawyer, with a trace of sadness and regret on his face. He did not agree with his student's behavior.
"Professor Kimmen, are those Chinese people telling the truth?" An unsuspecting University of Chicago professor leaned over and asked.
A reluctant smile appeared on Kimen's face, but he didn't answer. The professor's eyes flickered. After working with colleagues for so many years, he naturally knew what Professor Kimmen's reaction meant.
"Next, I want to refute the alleged breach of confidentiality agreement by the plaintiff. First of all, the publication of the paper means resource sharing, which should be common sense in the scientific research circle. The UW solution paper of the University of Chicago Biology Laboratory was published on June 10, 1985. , and our project was established on June 13, 1985, so we only use the available shared information for project research. Of course, if we publish academic papers in the future, we will indicate in the comment column that the experimental data of the previous project came from Chicago Biolab," the lawyer said with a shrug.
"It's impossible!" O'Neill shouted out loud, he ignored the court discipline and said loudly: "How is this possible, Huaqing and Novartis signed a patent project agreement on July 1, June 13 and July 1 day is only half a month, this is simply impossible!"
The audience at the scene and the media also suddenly became noisy. They all thought that the reason Huaqing was looking for was too ridiculous. For half a month, a project result, you think the scientific research result is the Chinese cabbage on the street!
"Silence! Please keep quiet for the plaintiff and the audience!" The judge struck the gavel that represents fairness.
Amidst the loud percussion, the scene slowly quieted down.
Li Zheng's lawyer shrugged his shoulders, "I think everyone must pay attention to one thing. My client is Mr. Li Zheng. Mr. Li Zheng himself is synonymous with miracles."
When the lawyer first heard about Li Zheng's project approval time, his reaction was similar to that of everyone present, even worse than that of everyone present. He even thought that such a ridiculous excuse would never win the lawsuit, and even had the desire to give up the case for a while. case idea.
But when Li Zheng put stacks of evidence in black and white in front of him, the battle-hardened patent attorney had to admit that maybe he really met a genius, a miracle maker.
After returning to the office, he looked through almost all of the client's experience. The resume with its own halo made him gasp. People have a sense of idolatry.