Fairsky represented AE&E GEOMICROBIAL TECHNOLOGIES INC., against InSoil Energy Technologies Co., Ltd. and 4 individuals’ defendants in a technology secret dispute case. The Supreme People’s Court made a second-instance judgment, upholding the infringement affirmation made by the first-instance court, and supporting AE&E GEOMICROBIAL TECHNOLOGIES INC.’s compensation claim in full amount.
The first-instance judgment of this case was listed as one of the three “Typical Civil Cases of Trade Secret Infringement Disputes” by Beijing Intellectual Property Court for the outstanding evidence preservation measures. And the second-stance judgment was just listed as one of the “2022 Typical IP Cases” by the Supreme Court.
This case ruled that if the infringer has obvious fault and the infringement determines business opportunities directly, all the profits can be regarded as the profits from the infringement, disregard of the actual contribution rate of the technology secret.