In January 2013, Massimo (hereinafter referred to as Massimo) filed a patent infringement and breach of contract against Mindray in central California, and demanded compensation for sky-high prices. In the process, Mindray has been seeking reconciliation with Massimo.
In February 2015, in order to counter the lawsuits of Massimo in the United States, Mindray began a series of lawsuit storms in China, mainly involving unfair competition with Massimo. At the same time, Mindray listed Coman, one of Massimo's sales parties in China, as the second litigant.
In November 2015, Massimo and Mindray reached a settlement agreement. Agreement:
On a global scale, non-prosecution agreements are reached to resolve their patents, contracts, and antitrust. Under the agreement, Mindray will pay $25 million to Massimo and assign a certain patent to Massimo, agreeing to purchase all pulse oximetry technology components from Masimo (already the primary supplier of parts in the US market) to Mindray. Monitor products in the US and Canada.
Mindray will not only pay Massimo $25 million, but also submit an application for withdrawal of domestic lawsuits to the Shenzhen Intermediate People's Court. The court has ruled that the lawsuit will be withdrawn, which means that Mindray & Massimo's three-year related litigation dispute has been settled temporarily. . The related intellectual property disputes of Koman as the second defendant are also automatically invalid.
However, things did not end there. The head of the Koman Intellectual Property Department told Share that Mindray will also face Koeman’s claim. The reasons are as follows:
1. Mindray used Coman as his second defendant in the case of Massimo, and the prosecution was far-fetched.
Medical device companies such as Mindray, Koeman, and Libang have cooperated with the blood oxygen probe provider Massimo. That is to say, Massimo's sales in China are not limited to the Coman side. Why and against Koman? Coman once pointed out in the June official Koman Medical Statement that this is a deliberate use of litigation to suppress and contain the development of competitors, suspected of abuse of intellectual property protection.
In addition, Mindray’s early intellectual property lawsuit with Anke ended in failure, and today’s IPO lawsuit with Massimo ended in failure, indicating that Mindray itself has loopholes in intellectual property.
2. Mindray only compensated Massimo, ignoring the damage caused by 殃 and Koman.
In addition to taking Koeman as the second defendant, Mindray continued to use the factory as a guarantee to apply for the freezing of the Koman Bank of China account (basic household) to the Shenzhen Intermediate People's Court. This practice caused tremendous pressure on Coman's capital chain. Koman’s corporate reputation has had a tremendous negative impact. In this case, Koman will not tolerate compromises and will seek compensation through legal means.
The head of Koman Intellectual Property also said that the end of the above-mentioned cases will help Coman quickly get rid of the litigation dilemma and concentrate on product development and production to provide customers with more and better specialized new products.
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