Supreme Court Rules in Favor of Hisky; Echosens (Shanghai) to Compensate Hisky for Its Illegal Acts Including Fabricating Information and Constituting Business Defaming
Posted May 14, 2020 13:04 (GMT +7)
BEIJING--(BUSINESS WIRE)--May. 13, 2020
Recently, Shanghai Echosens Medical Equipment Technology Co., Ltd. (hereinafter referred to as “Echosens (Shanghai)”) and Fu-Rui Corporation, parent company of Echosens SAS, (hereinafter referred to as “Fu-Rui”), were determined by the Supreme People’s Court of China to have fabricated information to constitute business defaming against their opponent Wuxi HISKY Medical Technologies Co., Ltd.
According to the ruling and judgment, Echosens (Shanghai) and Fu-Rui lost the case and the business defaming acts involved therein included: fabricating information; sending lawyer’s letters and letters of notice containing misleading expressions to the opponent’s target clients and dealers; false statements delivered by senior executives publicly; damaging the goodwill of the opponent.
The evidence submitted by both parties showed that Echosens (Shanghai) used to send lawyer’s letters and letters of notice with fabricated information to dealers and hospital clients of Hisky repeatedly. In such letters, it was claimed that Hisky’s products had infringed upon some patent rights; there were also some threatening expressions, including that the clients had committed infringement and would be subject to joint liabilities and claims, etc., to mislead the dealers and hospital clients of Hisky.
Previously, employees of Echosens (Shanghai) manipulated Hisky’s products illegally and recorded a false video to defame Hisky, according to the civil judgement. Subsequently, the video was disseminated via the Internet, causing harmful influence to Hisky's reputation.
Furthermore, on the Internet, senior executives of Fu-Rui also disseminated false information about Hisky for the purpose of their own performance and business defaming, according to the civil judgement.
The Supreme Court determined that the illegal acts of Echosens (Shanghai) by sending the lawyer’s letters and letters of notice to the hospitals and dealers and disseminating the false video had damaged the goodwill and product reputation of Hisky and improperly enhanced its own competitiveness. The one-sided statement of Fu-Rui resulted in misinterpretation of facts and misleading the general public.
Based on the foregoing facts, the Supreme People’s Court of China rejected the appeal for review of Echosens and Fu-Rui, and once again confirmed that Hisky owns the patent rights to the hepatic fibrosis products; meanwhile, the Court also determined that the relevant acts of Echosens (Shanghai) and Fu-Rui were illegal and constituted business defaming to Hisky; Echosens (Shanghai) and Fu-Rui should stop the relevant defaming actions immediately, and should submit written materials to the over ten hospitals to eliminate the bad influence and make compensation to Hisky for its losses.
View source version on businesswire.com: https://www.businesswire.com/news/home/20200513005298/en/
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