For a long time, the peripheral industry such as keyboard and mouse has been monopolized by traditional mechanical switches. With the continuous progress of R&D and production technology, the optical switch body (also referred to as the optical axis) has the advantages of speed, accuracy and resistance compared with the mechanical shaft, which has become the development trend of the industry.
It is reported that the RAESHA series products independently developed and produced by Guangdong Swissquote Electronic Technology Co., Ltd. (hereinafter referred to as Swissquote Electronics) occupy half of the optical axis keyboard and mouse market and are recognized as leaders in this field. With the popularity of peripheral products such as optical switches, keyboards and mice, related intellectual property disputes have followed.
Recently, the Supreme People's Court (hereinafter referred to as the "Supreme People's Court") has issued a complaint on the "hollow pipe shaft keyboard" The administrative litigation and civil infringement cases of this utility model patent (hereinafter referred to as the patent involved in the case, patent number is 201520064963.8) have been finalized, and the final judgment of the administrative litigation upheld the patent invalidation decision made by the State Intellectual Property Office (part of the patent claims of the patent involved in the case were declared invalid), and the final judgment of civil infringement determined that the products produced and sold using the patented technology owned by the partners of Swissquote Electronics Company did not infringe the patent rights of the patent involved in the case.
The optical shaft body detonates the peripheral industry
As we all know, the traditional mechanical switch body device can improve the feel of keyboard use, but the metal contacts are easy to wear, the service life is short, the response delay caused by noise, coupled with the long-term bad use environment caused by the feeling of stuck, the electrical performance can not reach the ideal state and many other problems, will bring users an uncomfortable experience. In the conference room of Swissquote Electronics, the general manager of the company said while disassembling the optical axis keyboard. With years of industry experience and continuous breakthroughs and innovations, he has developed an optical shaft with extremely fast response, zero noise and hundreds of millions of service life, which completely solves the above defects of traditional mechanical shafts.
It is understood that in 2012, Li Jianping, who served as the R&D manager of a well-known domestic keyboard and mouse equipment manufacturer, resigned resolutely and decided to start a business to develop and manufacture "optical axis" peripheral products. "At that time, all the mouse and keyboard products on the market used traditional mechanical switches, but I was keenly aware of the advantages and business opportunities of optical switches. After the successful launch of the 'Optical Axis' keyboard mouse, I also applied for a patent. Referring to the initial entrepreneurial scene, Li Jianping said with emotion, "At that time, there was no funding for the start-up, and it was the chairman of the former owner who took a fancy to the patented technology I applied for, so he invested a sum of money in me to help me get through that most difficult period." ”
Up to now, the company has become a specialized and special new technology enterprise integrating R&D, production and sales of high-quality optical switches, optical micro switches, optical encoders, LED and IC chip packaging and testing, precision injection stamping, SMT processing and other products. At the same time, Swissquote Electronics Co., Ltd. has also become the only enterprise in the industry to manufacture the whole industrial chain of optical shaft switches, and a number of R&D achievements have been authorized by domestic developers and submitted PCT international applications, such as "photoelectric mechanical switches and keyboard keys" and other invention patent technologies have been widely used. In addition, Swissquote Electronics has passed the international certification of ISO9001 and ISO14001 (2015) and has a complete quality system. Its products are widely used in e-sports peripherals, notebook computers, high-speed rail control, automotive electronics, security equipment, medical equipment, digital products, household appliances, industrial control equipment and other fields. In particular, the self-owned brand "RAESHA" series keyboard and mouse products have always adhered to the independent research and development of core technologies, and can tailor products and technical solutions according to customer needs, which are deeply loved by senior e-sports players around the world and have become popular products in the peripheral industry.
Actively respond to a series of patent disputes
With the popularity of "optical axis" peripheral products, just when the company wanted to vigorously develop in this field, a series of patent lawsuits almost disrupted his progress.
"In 2016, in the field of patents, Shenzhen XtalPi Electronics Co., Ltd. (hereinafter referred to as XtalPi) had friction with me. In 2018, some of my clients, who I have worked with in depth, suddenly received summons from the Shenzhen Intermediate People's Court and the Guangzhou Intellectual Property Court. Originally, XtalPi believed that these companies were suspected of producing and selling patents that infringed on its 'hollow tube switch keyboard'. After conducting the relevant notarization and evidence collection, XtalPi sued it to the court. He introduced.
Due to his lack of relevant litigation experience, he was unprepared to help his client deal with the patent infringement lawsuit that occurred in the Shenzhen Intermediate People's Court, and the court ruled that the alleged infringing product fell within the protection scope of some of the patent claims in question, and the Supreme People's Court later rejected the appeal and upheld the original judgment.
The defeat shook the confidence of his partners and customers, and he felt a lot of pressure: "At that time, I was faced with all kinds of difficulties and had to make difficult choices between abandoning the market and fighting against the odds. The innovative results of hard research and development have become the leader of the global 'optical axis' peripheral industry and the sense of mission to win glory for the country...... After a long night of deliberation, I chose the latter, and I had to be proactive in the litigation that followed. ”
In order to win the patent dispute, he adjusted his litigation strategy. First of all, for all partners/customers to bear all the costs, we hired senior and professional patent attorneys to represent the case, carefully listened to professional advice, and did a good job in the invalidation request of the patent involved in the case and the infringement litigation response; secondly, we coordinated and did a good job of solid evidence, and cooperated with the lawyer to collect and sort out the materials; third, we withdrew ourselves from the litigation and handed over professional things to professional people to do, and although we were riddled with litigation, we must also do a good job in management, and the pace of enterprise development and progress cannot be stopped......
The hard work soon paid off. The patent attorney successfully invalidated claims 1 and 2 of the patent in question and obtained the support of the final administrative judgment issued by the SPC in January 2021, and then the patent attorney continued to successfully invalidate claims 3-7 of the patent in question using the retrieved US prior patent documents, and in October 2023, obtained the support of the final administrative judgment made by the SPC. So far, all of the civil infringement lawsuits asserted by XtalPi have been resolved, and the previous judgment of infringement has been changed by the Supreme People's Court.
However, XtalPi continued to use the remaining claims 8-10 to continue to litigate against Swissquote Electronics' partners/customers, etc., and in October 2023, the Supreme People's Court issued a final civil judgment ruling that the allegedly infringing products did not fall within the protection scope of the remaining rights 8-10.
So far, in response to a series of disputes caused by the patents involved, he has worked together with patent attorneys, partners and clients, and finally won a series of patent lawsuits that lasted for five years and involved more than 20 million yuan. In the end, the misunderstanding, confusion and doubts of the industry were best answered.
Sum up experience, seek innovation, and promote development
At present, intellectual property rights have long become an important "weapon" of market competition, and with the increasingly fierce competition, how to respect and protect intellectual property rights has become an unavoidable puzzle in the process of enterprise development.
After experiencing these patent lawsuits from the State Intellectual Property Office to the Supreme People's Court, local courts to the Supreme People's Court, Li Jianping has also summed up his own set of experience. "I've tasted the sweetness of intellectual property. At the beginning of my business, patents helped me get my first investment. However, at that time, I did not have a deep understanding of intellectual property rights, and I found a not very professional agency to help me draft patents, which made it difficult to carry out the subsequent rights protection work. He said, "Enterprises carrying out intellectual property work must establish a sense of respect for intellectual property rights, and must not casually choose an agency as a service provider, and make a decision after understanding and comparing more." In the face of intellectual property disputes, don't be afraid, trust professional agents and lawyers, listen to their advice, and communicate with them more. The evidence and materials required by the lawyer should be prepared in a timely manner, and the logistics should be well maintained. In addition, the most important point is that professional people do professional things, and lawyers are the main force in lawsuits. Managers should not reduce their investment in business operations because of litigation. If the business does not operate well during the litigation period, even if it wins the lawsuit, the company will be greatly damaged. ”
Outside the office window is the second phase of the Swissquote electronics plant under construction. From a small company of 200 square meters in 2013 to a large factory of nearly 80,000 square meters officially put into use at the beginning of next year, Li Jianping took 12 years to complete such a leap. Despite some litigation and difficulties during the period, he is still confident and optimistic. There is reason to believe that the world is changing with each passing day. In the future, the survival and development of enterprises will be more inseparable from intellectual property rights. The technological innovation of Li Jianping and his team will never stop, helping Swissquote Electronics to realize the great vision of "the world's leader in e-sports solutions"!
Editor: Sharon