Largan Precision Co. wins an interlocutory judgment in the legal battle against Ability Opto-Electronics Technology Co.

Largan Precision Co., Ltd. (“Largan”) filed a lawsuit with the Taiwan IP Court against Ability Opto-Electronics Technology Co., Ltd. (“AOET”) over copyright and trade secrets infringement.  For this case, on October 30, 2015, the IP Court announced the gist of an interlocutory judgment.  As indicated in the information released by AOET, the IP Court made an interlocutory judgment (instead of a final judgment) on part of the disputed issues of this lawsuit, which were mature for decision.  According to the gist of the interlocutory judgment, the drawings of AOET’s No. M438320 and No. M438469 utility model patents infringe upon the copyright of Largan’s graphic works, and the IP Court granted part of the claims Largan raised with respect to the alleged trade secrets infringement, and thus Largan can claim damages against AOET based on the granted claims accordingly.

The lawsuit between Largan and AOET was triggered by the event four years ago when the employees of Largan who were headhunted by the former general manager of AOET made copies of the design drawing of Largan’s optical products without authorization and further took the drawing as reference and copied it when conducting R&D at AOET.  By the foregoing conduct, AOET filed two patent applications (for “點膠針頭結構” and “遮光片送料機構”) with Taiwan IPO in May 2013 and also corresponding utility model patent applications in China and further used the patents in their production lines.  The foregoing matter came to Largan’s knowledge and Largan thus filed a lawsuit against AOET in September 2013, for which the Taiwan Taichung District Prosecutors Office indicted AOET, AOET’s former general manager, and the former employees of Largan on account of breach of fiduciary duty, economic right violation, and violation of computer secrets on May 27, 2015.  As to the lawsuit Largan initiated against AOET to seek removal of copyright and trade secrets infringement with the Taiwan IP Court, the IP Court sustained Largan’s allegation of AOET’s copying Largan’s patent and thus made an interlocutory judgment on October 30, 2015.  Besides, Largan’s damages claim in separate case is pending.  (October 2015)
/CCS