The patent law of the input method between Sogou and Baidu finally had the result of the first season.
A few days ago, the Beijing Intellectual Property Court successively made a first-instance judgment on the case of Sogou v. Baidu input law patent infringement series.
Among them, the patent in question is “a method and input method system for mixed input of at least two languagesâ€, “a method and device for acquiring new words and an input method system†and “a method for deleting information during input†In the three patent litigations such as methods and devices, the court of first instance determined that Baidu constituted infringement and ordered: 1) Baidu immediately stopped using the patents involved; 2) Baidu immediately stopped issuing, selling or selling, or by any means The third party provides the "Baidu Input Method" product using the patent in question.
At this point, the patent law of the input method, which lasted nearly three years and involved a total of 17 patents, finally allowed Sogou to taste the victory.
More importantly, Sogou has used its own experience to prove to a large number of small and medium-sized enterprises that in the face of various types of competitive coffers or technical plagiarism from giants such as BAT, as long as they do a good job of technology accumulation and establish patent barriers, they will have the opportunity to It has a place in the market competition.
Full force attack: Sogou took out 17 patents to sue Baidu input law infringement
In October 2015, Sogou sued Baidu to the Beijing Intellectual Property Court, claiming that Baidu’s “Baidu Input Method†product infringed on 8 patents related to input technology, and according to 10 million yuan/piece. The patent infringement claim standard raised a total amount of 80 million yuan in claims.
In November 2015, Sogou filed Baidu respectively to the Beijing Intellectual Property Court, the Shanghai Intellectual Property Court and the Shanghai Higher People's Court, alleging that Baidu's input law violated its 9 patent rights and filed a compensation request of 180 million yuan.
It can be seen that in order to win this patent battle with the input method of Baidu, Sogou can be described as a repeated attack.
On the one hand, in the jurisdiction of the case, patent infringement lawsuits were filed in both Beijing and Shanghai, and the trials of intellectual property cases in these two places were among the highest in the country.
On the other hand, because the input method patents are used as Internet technology patents, there are many uncertainties. Therefore, in the choice of patent weapons, Sogou has adopted a “multi-pronged†strategy, which has produced a total of 17 patents.
Of course, for the fierce attack launched by Sogou, Baidu did not dare to neglect, not only filed invalidation requests for all patents involved, but many patents also filed more than two invalid announcements.
Take a small fight: Although the same as the US stock market, Baidu's market value is 20 times that of Sogou.
Based on the closing price of April 5, 2018, Baidu's market value is about 76.603 billion US dollars, while Sogou's market value is only 3.265 billion US dollars.
It can be said that from the market value point of view, Baidu, also listed in the US, is 23.46 times of Sogou.
The Sogou prospectus shows that in June 2017, Sogou was ranked as China's second largest search engine (16.9%) by mobile query volume, and is the fourth largest Internet company in China (4.83 billion) by MAU (monthly active users). .
Despite this, Sogou’s market share in search engines is still somewhat different from that of Baidu.
Simply put, in the face of some small and medium-sized enterprises, Sogou has a certain scale, but in front of Baidu, the size of Sogou can only be counted as small and medium enterprises.
Therefore, Sogou dared to pick up patent weapons and sue to the court to protect their legitimate rights and interests, it is also worthy of recognition.
In fact, in the context of “mass innovation, entrepreneurshipâ€, SMEs or innovative companies are inevitably subject to technological plagiarism or creative plagiarism by giants.
Small and medium-sized enterprises that have no funds and no visibility are originally at a disadvantageous position. Only when innovation is protected in all aspects can small and medium-sized enterprises compete with the big players at the same starting line.
Hard battle: over 35% of patents were invalidated and won 3 lawsuits
As of March 15, 2018, Sogou had filed a total of 17 patents involving Baidu infringement. Six patents were all invalidated, five patents were partially invalidated, and six were sentenced to remain valid. The patent infringement was sentenced to a total invalid rate of 35.3%.
It is worth mentioning that Sogou has a total of four input method patents that have been initiated by Baidu in two rounds of invalidation requests, which is enough to show the intensity of the two sides' battles. It also adds a certain certainty to whether Sogou can finally win this battle.
However, the final result is still let Sogou peace of mind.
On March 29, 2018, in the case of Sogou v. Baidu input law patent infringement series, the Beijing Intellectual Property Court made a first-instance judgment. Among them, Sogou won three patent litigation cases, and Baidu was sentenced to stop infringement.
In fact, for Sogou, 17 patents were sued, and as long as one case won the case, the purpose of rights protection was achieved. Because as long as a patent is found to constitute an infringement, then Baidu must stop the infringement.
Although, in the end, Baidu will not compensate for the number of Sogous, but Sogou has used its actual actions to play a good demonstration effect for all SMEs - innovation is the foundation of enterprise development, and the infringement from the giants To avoid concession is not a way out, only to be brave in defending rights can win market respect.
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