Neoplan Bus GmbH v. Zhongwei Bus and Coach Group
Beijing First Intermediate People’s Court
File No. N090103 (2009)
- Written by Rich Walter, JD
Facts
The German bus manufacturer Neoplan Bus GmbH (Neoplan) (plaintiff) obtained a Chinese patent for the design of Neoplan’s Starliner bus. The Chinese bus manufacturer Yancheng Zhongwei Bus and Coach Group (Zhongwei) (defendant) obtained a Chinese design patent for Zhongwei’s A9 bus, which Zhongwei claimed to have designed independently of Neoplan’s Starliner design. Except for minor stylistic differences that would not affect one’s overall visual impression, the two bus designs were identical. Neoplan charged Zhongwei with patent infringement and filed suit in the Beijing First Intermediate People’s Court.
Rule of Law
Issue
Holding and Reasoning ()
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