Update: Shenzhen Court Rejects Apple's E-Mail Evidence
Tencent Tech, 2/20/12
Shenzhen Intermediate People's Court rejected Apple's e-mail evidence in its recent verdict on Apple's IPR infringement lawsuit against Shenzhen-based display device manufacturer Proview Technology, a subsidiary of Proview International Holdings (0334.HK).
Apple asserted that e-mails between an alleged Shenzhen Proview employee identified only as "Huiyuan" and an unnamed IP company demonstrate that Proview transferred its iPad trademark rights, but the court ruled that there was insufficient evidence to prove "Huiyan" was a legal representative for Shenzhen Proview or had obtained the legal right to negotiate the trademark for Proview, and therefore Apple failed to prove that the trademark had in fact been transferred.
The court ruled that while Yang Rongshan, legal representative of Proview International Holdings' Taiwan subsidiary, Proview Electronic, authorized Mai Shihong of Proview Electronic's legal department to sign an "iPad" trademark transfer agreement, the agreement does not have binding force regarding Proview's Shenzhen subsidiary.
There is a high likelihood the two parties will reach a settlement, according to mainland China lawyer Yu Guofu, with the major sticking points being Proview's requested compensation and Apple's cost estimates for a mainland China trademark change. Apple filed an appeal in the Higher People's Court of Guangdong Province on January 5.
Editor's Note: For more background on this topic, please see "Update: Apple Appeals iPad Trademark Lawsuit" MD 1/30/12 issue and "Apple Loses iPad Trademark Lawsuit" MD 12/07/11 issue.
Keywords: Mai Shihong Yu Guofu hardware IPR infringement trademark Apple Proview iPad Shenzhen Intermediate People's Court 0334.HK Yang Rongshan law litigation tablet computer
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