【Announcement of the Supreme People's Court's Live Broadcast of Hearings and Hearings】On September 8, 15 cases were heard in public

Announcement of the Supreme People's Court's live broadcast of court sessions and hearings

The Supreme People's Court is scheduled to hold a public hearing on September 8, 2020 at 9:00 a.m. in the Sixth Court of the Intellectual Property Court of the Supreme People's Court to hear an administrative dispute over the invalidation of invention patent rights with The Same Fang Nuctech Technology Co., Ltd., Tsinghua University and Beijing Junhe Xinda Technology Co., Ltd. and the State Intellectual Property Office.

The China Trial Open Network, the official Microblog of the Supreme People's Court, the official WeChat of the Supreme People's Court, and the Sina Judicial Channel conduct live broadcasts of the trial.

This is hereby announced.

September 7, 2020

The Supreme People's Court is scheduled to hold a public hearing on September 8, 2020 at the Second Court of the Second Circuit Court of the Supreme People's Court to hear a dispute over the sale and purchase contract between Beijing Sunshine Sihai Investment Management Co., Ltd. and Shenyang Heping District Real Estate Management Bureau Heating Company, Shenyang Heping District Real Estate Bureau and Shenyang Heping District People's Government.

Brief introduction of the case: Liaoning Provincial High People's Court first review shows: On October 25, 2010, the Shenyang Branch of Sunshine Sihai Company (hereinafter referred to as Shenyang Sihai Company), the Real Estate Bureau and the Heating Company signed the "Letter 2010102501 of Agreement" (hereinafter referred to as "Agreement No. 01") no. 100,000 yuan, which stipulates that Shenyang Sihai Company will donate 5 million yuan per year to initiate the creation of the Sunshine Four Seas Warm Fund, and the Real Estate Bureau will provide an office address for Shenyang Sihai Company (i.e., the first floor of the "Hope Building"). Shenyang Sihai Company provides an interest-free loan of 10 million yuan per year, and when the policy allows the heating company to be converted and sold, the heating company will repay it in cash or Shenyang Sihai Company is willing to participate in the "debt-to-equity swap". Shenyang Sihai Company provides the heating company with a one-year revolving loan of up to 100 million yuan under the guarantee of the real estate bureau according to the needs of the heating company, and the heating company entrusts Shenyang Sihai Company to purchase all the coal used for its heating on its behalf, and signs a coal purchase contract before July 25 of each year. On the same day, Fushun Sihai Investment and Development Co., Ltd. (hereinafter referred to as Fushun Sihai Company), the Real Estate Bureau, the Heating Company and the Shenyang Sihai Company signed the Agreement No. 2010102502 (hereinafter referred to as the No. 02 Agreement) to fushun Sihai Company, the real estate bureau and the heating company due to the implementation of the number 20090715 agreement and contract (with attachments), The Real Estate Bureau made written agreements on the repayment of the amount owed to Fushun Sihai Company and the repeal of the agreement and contract (with attachments) of the number 20090715. On the same day, Shenyang Sihai Company signed the Coal Purchasing Contract no. 2010102503 (hereinafter referred to as the No. 03 Coal Purchasing Contract) with the heating company, stipulating that Shenyang Sihai Company would provide loans to the heating company and procure and organize the transportation of coal used by the heating company; the heating company should return the borrowed funds to Shenyang Sihai Company in batches and pay interest. On July 15, 2009, Fushun Sihai Company, Real Estate Bureau and Heating Company signed the Agreement No. 20090715 (hereinafter referred to as the "Agreement") and the "Contract for Entrusting the Purchase of Coal" 20090715, and the content of the agreement in 2009 was basically the same as that of the aforementioned Agreement No. 01. On September 1, 2013, Fushun Sihai Company, Heating Company and Real Estate Bureau jointly signed the "Fact Sheet and Reconciliation Details (09-10 Years)", which stated the relevant matters of Fushun Sihai Company and Heating Company in performing the 2009 agreement, contract and Agreement No. 02, issuing invoices and receipt certificates. On September 1, 2013 and September 13, 2016, Sunshine Four Seas Company, Heating Company and Real Estate Bureau jointly signed the same "Information Note (10-11 Years)", which set out the facts and accounts related to the occurrence of sunshine four seas company and heating company due to the signing and performance of number 2010102501, 2010102502, 2010102503 agreements and contracts. Sunshine Sihai Company filed a lawsuit with the Higher People's Court of Liaoning Province, requesting that the heating company, the real estate bureau and the district government be ordered to jointly and severally return the outstanding coal purchase price of RMB 91512204 yuan and pay interest (including overdue interest); pay the coal storage fee of 1.5 million yuan; continue to perform the two "agreements" numbered 2010102501 and 2010102502 and pay 63 million yuan in liquidated damages arising from non-performance of the two "agreements"; and return the loan of 3.5 million yuan and overdue interest. The litigation costs in this case were all borne by the heating company, the real estate bureau and the district government. The heating company filed a counterclaim, requesting an order to terminate the No. 03 coal purchase contract, and Sunshine Four Seas Company paid a liquidated damages of 9 million yuan. The heating company and the real estate bureau jointly filed a counterclaim, requesting an order to terminate the No. 01 agreement, the return of the 15-story house of the "Hope Building" and the payment of a liquidated damages of 19 million yuan, and the revocation of the "Fact Sheet (10-11)" signed on September 1 and September 13, 2016. On November 12, 2019, the Higher People's Court of Liaoning Province rendered the (2018) Liao min chu No. 69 Civil Judgment, ordering that the heating company pay the principal amount of coal of Sunshine Sihai Company 11687796 yuan and interest; terminate the Agreement No. 01 signed between Shenyang Sihai Company and the Real Estate Bureau and the Heating Company; Sunshine Sihai Company returned the fifteenth floor of the "Hope Building" to the Real Estate Bureau and compensated the Real Estate Bureau for 11.5 million yuan; and revoked the Sunshine Sihai Company, the heating company and the real estate bureau on September 1, 2016. The "Information Note (10-11 Years)" signed on September 13, 2016, rejected other litigation claims of Sunshine Four Seas Company, rejected other counterclaims of heating companies, and rejected other counterclaims of the Real Estate Bureau. Sunshine Four Seas Company appealed to this court against the first-instance judgment.

The Supreme People's Court is scheduled to hold a public hearing at 9:00 a.m. on September 8, 2020 at the Fifth Court of the Supreme People's Court to hear a dispute over the technical service contract between Beijing Zhongmanganese Industry and Trade Co., Ltd., Beijing Kangda Industry and Trade Co., Ltd. and Hebei Yunqiling Mining Co., Ltd.

The Supreme People's Court is scheduled to hear an administrative dispute between Beijing Yuzhufeng Technology Co., Ltd. and the State Intellectual Property Office and Zhang Jinling over the invalidation of invention patent rights at 9:00 a.m. on September 8, 2020 at the First Court of the Intellectual Property Tribunal of the Supreme People's Court.

The Supreme People's Court is scheduled to hold a public hearing on September 8, 2020 at 9:00 a.m. in the Fourth Circuit Court of the Supreme People's Court to hear the equity transfer dispute between Anhui Xinhua Real Estate Co., Ltd. and Beijing Chiron Times Investment Management Co., Ltd. and Bengbu Rural Commercial Bank Co., Ltd.

The Supreme People's Court is scheduled to hear a public hearing on the dispute over the pipeline transportation contract between Chifeng Jiulian Coal Chemical Co., Ltd. and Chifeng Shuntong Pipeline Maintenance Co., Ltd. at 9:00 a.m. on September 8, 2020 at the Third Court of the Supreme People's Court.

The Supreme People's Court is scheduled to hold a public hearing on September 8, 2020 at 9:00 a.m. in the First Court of the First Circuit Court of the Supreme People's Court to hear a dispute over the contract for the transfer of the right to use the land between Huaihua Shenlong Real Estate Development Co., Ltd. and the Natural Resources Bureau of Zhijiang Dong Autonomous County and Huaihua Juyou Real Estate Development Co., Ltd.

The Supreme People's Court is scheduled to hold a public hearing on September 8, 2020 at 9:00 a.m. in the Second Court of the First Circuit Court of the Supreme People's Court to hear a dispute over a joint venture and cooperative development contract between Shenzhen Huanglong Bailu Investment and Development Co., Ltd. and Shenzhen Vanke Development Co., Ltd. and Lei Fang and Ye Runnian.

The Supreme People's Court is scheduled to hold a public hearing in the Second Court of the Supreme People's Court on September 8, 2020 at 9:00 a.m. to hear the case of Li Dianxing, Feng Huiqiang, Feng Huixin and Tangshan Qingquan Iron and Steel Group Co., Ltd., Feng Yuquan, Feng Yuqing and Liu Xiaohua.

The Supreme People's Court is scheduled to hear a public hearing on a construction contract dispute between Guangxi Mining Construction Group Co., Ltd., Daozhenzhou Green Real Estate Development Co., Ltd., and Guangxi Mining Construction Group Co., Ltd. at 9:00 a.m. on September 8, 2020 at the Second Court of the Fifth Circuit Court of the Supreme People's Court.

The Supreme People's Court is scheduled to hold a public hearing at 9:30 a.m. on September 8, 2020 in the Fourth Court of the Intellectual Property Court of the Supreme People's Court to hear the administrative dispute between Shanghai Rongdong Laser Technology Co., Ltd. and Beijing Thermal Stimulating Light Technology Co., Ltd. and the State Intellectual Property Office over the invalidation of invention patent rights.

The Supreme People's Court is scheduled to hear a public hearing on 8 September 2020 at 12:01 a.m. in the Grand Court of the Fourth Circuit court of the Supreme People's Court to hear the equity transfer dispute between Hang Seng Sunshine Group Co., Ltd. and Beijing Chiron Times Investment Management Co., Ltd. and Bengbu Rural Commercial Bank Co., Ltd.

The Supreme People's Court is scheduled to hold a public hearing at 14:30 on September 8, 2020 in the Sixth Court of the Intellectual Property Tribunal of the Supreme People's Court to hear the dispute over infringement of invention patents with Weishi Technology Co., Ltd., Beijing Junhe Xinda Technology Co., Ltd., Xi'an Youpai Electronic Technology Co., Ltd. and Tsinghua University.

The Supreme People's Court is scheduled to hold a public hearing at 14:00 on September 8, 2020 in the Third Court of the Second Circuit Court of the Supreme People's Court to hear a lawsuit between Suhua Construction Group Co., Ltd. and Shen Lin and Heilongjiang Hongji Milan Real Estate Development Co., Ltd. for an enforcement of the enforcement objection.

Brief Introduction of the Case: Suhua Construction Group Co., Ltd., the appellant, and the appellee Shen Lin and Heilongjiang Hongji Milan Real Estate Development Co., Ltd. applied for an enforcement objection lawsuit by the executor, Suhua Construction Group Co., Ltd. sued the Heilongjiang Provincial High People's Court. On December 27, 2019, the Heilongjiang Provincial Higher People's Court rendered the (2019) Hei Min Chu No. 39 Civil Judgment, ruling: Rejecting the litigation claims of Suhua Construction Group Co., Ltd. Suhua Construction Group Co., Ltd. was not satisfied with the judgment and appealed to this court.

The Supreme People's Court is scheduled to hold a public hearing at 14:30 on September 8, 2020 in the Eighth Court of the Intellectual Property Court of the Supreme People's Court to hear the dispute between Cao Jiacan and Shenzhen Shitong United Electronics Co., Ltd. over infringement of invention patent rights.

Editor: Wu Fan