On November 10, 2023, FirstUnion Technology Limited, a company based in Shenzhen, issued a statement regarding the viral "patent infringement" complaint.
The following content is provided by FirstUnion Technology Co., Ltd. in Shenzhen. 2FIRSTS is merely disseminating information within the industry and cannot currently verify the authenticity and accuracy of the information mentioned in this statement. 2FIRSTS does not assume any direct or indirect responsibility for this statement. Readers should conduct their own risk assessment when citing the following information.
The following is the original statement:
Statement
FirstUnion Technology Co., Ltd. (FirstUnion Technology), a technology company based in Shenzhen, China, was established in 2004. With a workforce of 10,000 employees and a research and development team of nearly 1,000 people, the company adheres to the core values of "integrity and honesty". We consistently abide by the laws and regulations of various countries and strive to create value for our customers.
Recently, our company has been hit with a "patent infringement" complaint. The patent administrative enforcement department carried out an on-site inspection of our factory. Upon receiving the notification, our company's relevant officials promptly went to the scene to cooperate and actively provide explanations. Currently, the patent administrative enforcement department has not issued any injunctions or taken any precautionary measures. The production of the product in question is proceeding as usual.
In response to this incident, our company hereby issues the following statement to prevent any misunderstanding regarding our clients' concerns over China's patent enforcement inspection.
Dongguan Kangrunte Technology Industrial Co., Ltd. (Kangrun Company), established in 2018, holds the Chinese utility model patent ZL202320854370.6 (applied on April 17, 2023, authorized on August 18, 2023). They allege that the IVG 2400 electronic atomization product produced by FirstUnion Technology infringes upon their rights to the aforementioned utility model patent. Consequently, they have lodged an administrative complaint with the Shenzhen Market Supervision Administration.
Our intellectual property department has retrieved the authorized documents pertaining to the utility model patent mentioned in the complaint. We have carefully evaluated and professionally compared the claims of the patent with our product, the IVG2400. It has been determined that the IVG2400, produced by our company, lacks numerous significant technological features outlined in the independent claims of the utility model patent. According to Article 64 of the Chinese Patent Law, it can be definitively concluded that the IVG2400 electronic atomization product manufactured by our company does not fall within the scope of protection of said utility model patent claims.
Furthermore, our company has learned that Kangrun Corporation currently does not possess the required regulatory license for operating e-cigarettes in China. This should technically exclude them from being considered as our competitors. Thus, the nature of this complaint is perplexing.
FirstUnion Technology Co., Ltd., based in Shenzhen City, has been deeply rooted in the field of electronic vaporizers for nearly 20 years. The company has always focused on research and development, placing great importance on intellectual property rights and showing respect for them. With a responsible attitude, FirstUnion develops and produces legitimate and compliant products. Currently, the company has applied for over 5,000 patents worldwide, with nearly 3,000 already authorized. In regard to the IVG2400, FirstUnion has proactively filed multiple patent applications in the early stages. Examples of these patents include:
Patent CN308163692S was filed on April 6, 2023 and granted on August 8, 2023.
Our British partner, IVG, is a global e-cigarette brand. They are currently seeking legal advice from top legal experts in the UK regarding defamation, trademark, and patent issues in order to address the spread of false news in the media that aims to harm their brand's reputation. Our legal team will closely collaborate with IVG's UK lawyers to take any necessary actions. Our partner owns the IVG2400 related patents.
The patent applications GB2303209.7, CN202310311652.6, and EP2309677.9.
The global competition in the e-cigarette industry has also led to patent litigation among companies, with some engaging in non-benevolent practices. In response to this, our company will continue to adopt a responsible attitude, respect intellectual property rights, drive industry progress, protect customer interests, and actively defend our rights.
FirstUnion Technology Co., Ltd., based in Shenzhen, China
November 10, 2023
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