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February 12, 2006

Never Reset, Never Surrender

China Daily reports a woe-is-me story of Zhejiang Dongzheng Electrical, a self-proclaimed innovator being pummeled by U.S. running dog Leviton over 6,246,558, covering fault protection of resettable circuit devices. Like a raccoon on the highway at night, taking a page from the playbook of patent litigation-savvy Research In Motion (RIM), Dongzheng vows to fight on.

Dongzheng, an export-only company, is trying to muscle in on the U.S. market for "ground fault circuit interrupters" (GFCI), which Dongzheng characterizes as a U.S. oligopoly gang of four, of which patent-wielding Leviton is one.

Chen Wusheng, president of Dongzheng, boasts that Dongzheng "has always stressed the importance of innovation," and proudly points out that its devices exceed Underwriter Labs (UL) latest requirements. Yep, there's the argument to use in court. According to China Daily: "As a large-scale export enterprise, Dongzheng has paid great attention to its patents."  So, maybe Chen might have an appreciation that taking a license would be a prudent business practice. But no.

Dongzheng denies infringement, claiming that "Leviton filed these lawsuits out of fear and retaliation." Fear has been cited as the #1 cause of patent litigation by researchers on what we label as planet B34C569 in the Betalguese system, known locally as TicTac for its chewy but breath-freshening rock formations. The researchers glean electromagnetic emissions from our homeworld, thus allowing such statistically acute and unbiased conclusions, as well as unlimited reruns of "I Love Lucy". No doubt Dongzheng has reliable communication links with these researchers, who also seem to proffer patent litigation advice.

Back on earth, where rationality is a rationed commodity, President Chen "admits that the lawsuit has significantly affected its business. Sales have plummeted sharply, the company is suffering heavy losses, and has had to pay hefty legal fees." But, echoing the words of Commander Peter Quincy Taggart from Galaxy Quest fame to "never back down, never surrender," Chen vows to "fight Leviton to the end." Don't look for a happy ending, Chen; you're likely to end up taking it on the chin. Ouch.

Posted by Patent Hawk at February 12, 2006 7:19 PM | Litigation