Shenzhen Court Yet to Reach Verdict on iPad Case
Beijing Times, 3/01/12
On February 28, the Higher People's Court of Guangdong Province began hearing arguments in Apple's appeal of its trademark dispute case against Proview Technology, a subsidiary of Proview International Holdings (0334.HK). The court has yet to issue a ruling, and has asked Apple and Proview to consider arbitration. Legal representatives of Apple and Proview have said that they will await instructions from their clients before deciding whether or not to take the case to arbitration.
The plaintiffs in the case - Apple and its UK company IP Application Development - have requested that the court vacate the original ruling in the case and either retry the case or change the ruling, with all legal fees to be borne by Proview. Apple has submitted nine pieces of evidence to the court, while Proview has submitted seven. Both sides allege that their opponent has submitted no new evidence. At the center of the dispute is the question of whether or not the signatory to the original trademark sale agreement was acting as a representative of Proview (Shenzhen), and whether or not Apple's e-mails to Proview (Shenzhen) may be submitted as evidence. The court has said that the facts of the case and the evidence submitted by both sides will take time to review, making a quick ruling impossible.
Apple will reportedly announce the iPad 3 in the United States on March 7. Industry insiders say that Apple could face legal risks if it releases the iPad 3 in Mainland China before a ruling has been issued in the case.
Editor's Note: For more background on this topic, please see "Update: Apple Appeals iPad Trademark Lawsuit" MD 1/30/12 issue.
Keywords: IPR infringement hardware trademark Apple Proview iPad 0334.HK law litigation tablet computer
Sending
