The Amount of Damages as Decided in the Criminal Judgement Was Chopped Down in the Civil Lawsuit!

Brief introduction：

In the criminal case on Trade Secrets infringement, Shanghai First Intermediate High People’s Court decides that Company Y and other 2 defendants had infringed the technical information of Company M, the amount of the illegal profit is amounting to RMB588,000.

Later then, Company M files a civil lawsuit against Company Y, and requires Company Y to compensate the damage amounting to RMB588,000 and other reasonable expense amounting to RMB 200,000.

In 2013, Company Y entrusted our team. Finally, upon a well-prepared negotiation and communication, the case was mediated. And Company Y only compensated RMB 260,000 to Company M.

Highlights：

• There is a privileged viewpoint that the infringement facts and the amount of damage decided in the criminal judgement on the same infringement could be accepted directly in the follow up civil lawsuit. This case is a breakthrough.

• The key factors for the final mediation include: to analyze all the details in the criminal judgement; to weigh the “soft spots” of some details; and to demonstrate the relevant legal issues related to those “soft spots”.