Chapter 819

During the short period of recess, reporters took out all kinds of communication tools one after another and sent news to the newspaper with fax machines.

The most frequently used is the telephone. Several public telephones in the courtroom channel have long been occupied by reporters or their assistants, and they are not afraid of divulging information. They are there to narrate the articles to be published word by word.

Benjamin looked at the bustling court, sighed and said with a smile, "Yang Rui, you have done a great job. When these reports come out, we will win more."

"Great. Or Mr. Benjamin's professional level is high enough. If you are in the scientific field, you are probably an academician Yang Rui is in a good mood and compliments Benjamin.

The good words of no money are sometimes better than money. Benjamin is in a good mood to give Yang Rui a 90% discount on his lawyer's fees. He also has some American modesty: "if it's in the field of patent litigation, I'll plead guilty."

They both laughed.

"Benjamin. Mr. Yang Rui. " Laughter, DuPont's lawyer came from the other end of the aisle.

"Kenneth." Benjamin stood up and warned, "please don't talk to my client. If you have anything to tell me, I'll tell him."

Yang Rui stands beside Benjamin and looks at them curiously.

"I want to propose a settlement, a very generous settlement. I hope you will tell your client." Kenneth handed Benjamin a small note and said, "the deadline is valid. You're lucky, but we haven't run out of tricks yet. "

"Just go ahead." Benjamin didn't unfold the note in his hand. He didn't show weakness at all.

Kenneth looked around and said with a smile, "it looks like you think you've got public opinion? It's true that small companies get a lot of sympathy points for giant elephants, but you should think that sympathy is because you are weak, not strong. DuPont has not really made efforts. Even if you win in the United States, we can still file lawsuits in London, Hong Kong, Paris or Tokyo. As far as I know, you have applied for patents in 150 countries around the world, but half of them have not yet come into effect. Gentlemen, the IVD market is a big market. It is impossible for you to monopolize the market as a Chinese company. "

Kenneth stepped back two steps, pointed to Benjamin's hand before entering the crowd, and said, "seriously, after the court session, this is your peak."

Benjamin and so on did not see the person, slowly unfolded in the hand note.

There was only a line of more than ten words in the note. Benjamin read it carefully and said with a sigh of relief, "they are willing to admit all your invention rights to PCR. As long as they open the PCR patent to DuPont and jointly enjoy 30% of the global patent rights, they can reconcile."

Yang Rui laughed: "how can this be possible."

He wanted to get 5% bonus from coenzyme Q10 for several months, and finally only got 2% bonus. DuPont, even an elephant, made a lot of money.

Benjamin's expression is serious: "although very confident, but as a lawyer, I still want to remind you of the risks. First of all, Kenneth is right about elephants. DuPont has the ability to file lawsuits in 150 countries around the world. Of course, they will not file so many lawsuits for PCR. However, it is no problem to file lawsuits in several major countries in the world at the same time. Although we Benjamin law firm have the ability to respond to the lawsuit, the cost will increase greatly. "

"How much more?"

"More than 50% of the cost of the United States. Now, every time DuPont files a lawsuit in one country, you have to prepare a budget of $2 million. If you file a lawsuit in eight countries around the world, you need $16 million plus the current $4 million, a total of $20 million."

Yang Rui, who has just made $10 million, suddenly feels that his waist is not so straight.

Benjamin added: "it doesn't count the cost of the appeal. The cost of appeal is relatively low, but it also needs 30% of the budget. If the total cost is $20 million, it will need another $6 million of appeal budget. In addition, we also need to consider whether DuPont will continue to expand the country and scope of appeal. "

"Can we win?" Yang Rui asked.

"If we can win in the United States, now we have a great chance, then we will be better able to win in other countries in the world. The more beautiful the United States wins, the better it will win in other places, but not absolutely."

Yang Rui pondered.

Benjamin said: "now, the crux of the problem is not the legal problem, but the financial problem. Even if we can win, I'm afraid the money you earn from patent licensing can't make up for the cost of litigation. Instead, we should settle the lawyer's fees and get a definite result. "He really thought about it for Yang Rui, otherwise, he would earn his own lawyer's fees. Of course, it's not in Benjamin's interest to spend all his energy against DuPont.

However, Yang Rui was awakened by his last words, and slowly asked, "we have to spend lawyer's fees, DuPont will also spend lawyer's fees, and they will not lose money to fight a lawsuit, right?"

Benjamin was stunned and said: "but they are DuPont. They can sue without making money. How big is the current market of PCR? According to our survey, the market is about 100 million US dollars, and the profit is 50 million US dollars or 60 million US dollars. In this way, DuPont may spend 20 million or even 30 million US dollars to fight a lawsuit. "

"We go on." Yang Rui interrupts Benjamin.

"Yes?" Benjamin didn't understand.

"My market forecast for PCR is different from that of DuPont," Yang said

He looked at Benjamin and said, "if 20 million or 30 million omnipotence plays a monopoly market, I have no problem."

Having said that, Yang Rui felt a pain in his heart. However, this is the case in biotechnology and pharmaceutical industry. This is a super capital intensive industry, with the participation of pure biotechnology companies, large pharmaceutical companies, banks and consortia, as well as Wall Street. Companies without money or reluctant to give up money can not see the future at all.

There are some industries in the world that have money but can't spend it, such as commodity circulation, machinery manufacturing and even real estate. They all have a limit to the amount of money they can hold, such as 10 billion, 100 billion or trillion. If they go on, there will be problems in management or in supply and sales. However, the fields of medicine and biotechnology are different, This industry can spend a lot of money, because there are too many human diseases, and most people want to live longer.

Whether it's the human genome project, or gene cloning, or cancer treatment, or infectious disease control, or genetically modified research and development, any field here is open to operation, and it has the ability to clean up the national treasury spending of all countries in the world. In fact, the pension crisis and medical spending of European and American countries, Most of the money is spent on biology and medicine.

And from this huge amount of money, even if only a small amount of money is leaked, it is enough to hire lawyers to make trouble in court.

If Yang Rui has no money, he will have to sign a settlement agreement if he is not willing to. Moreover, the less money he has, the worse the settlement agreement he has signed will be. DuPont may dare to ask himself to take 70%.

That's the rule of the game in the pharmaceutical field.

However, Yang Rui's understanding of PCR is quite different from DuPont's.

DuPont doesn't see PCR as a $3 billion market, so they won't invest too much money in lawsuits.

Yang Rui gritted his teeth and said, "Huarui is selling the patent right of deferonone. Once it is successful, the money can be included in the budget."

"Is it worth investing 20 million or 30 million US dollars more for 30% of the patent fee of PCR?" Asked Benjamin.

Now, with the signing of the agreement, Yang Rui has no other loss except 30% of the global patent rights. From Benjamin's point of view, it is also a rare victory. Therefore, the possible expenditure is only for the 30% of the global patent rights, which is not worth it.

"I think it's worth it," Yang said

"Well, I'll continue to summon scientists from China, hoping they can give us some good news." Benjamin did not fully believe Yang Rui's decision. However, winning more beautifully helped to stop DuPont's ambition, so he put his eyes back to the court.

At the end of pee time, the court was once again filled with lawyers, academics and journalists.

Benjamin first summoned Professor Cai. After he took the oath to sit in the witness box, he asked, "Professor Cai, welcome to the United States. As far as I know, you are the head of the Biology Department of the best university in China, aren't you?"

Professor Cai has no modest way“ Yes, I'm the director of the Biology Department of Peking University

"You are also a national academician of China, aren't you?"

"China is called a member of the Ministry of education, yes." The title of member of the academic department is from the Soviet Union, which has a similar English explanation.

Benjamin nodded and continued to ask, "when Yang Rui was doing PCR research, he was studying in the Biology Department of Peking University. Do you know his work?"

"I understand."

"Do you think that with his knowledge and ability, he can complete PCR research?"

"Of course, there is no doubt that it can be done." Professor Cai paused for a moment and said, "first of all, I want to explain to you and the judges that you can't guess Yang Rui's ability with common sense, because he is a genius.""Genius seems hard to prove. We often say that people are geniuses, but it seems that there are too many subjective feelings. Do you have an objective explanation? "

"Of course. First, I would like to introduce to you the college entrance examination in China, which is similar to the SAT examination system in the United States... "

"I'm against..." DuPont's lawyer stood up.

"I want to hear it." The judge waved his hand. This kind of patent cases usually have no jury, and the judge is more flexible when making the final judgment.

After the lawyer sat down, Professor Cai continued: "as far as I know, hundreds of SAT students in the United States get full marks every year. In China, we also have a similar examination system. The difference is that in order to stratify the students, our questions are difficult and easy. There has never been a case where students are tied for the first place. Therefore, we call the first place in the national examination every year the number one in the college entrance examination. "

Professor Cai stopped for a moment and said to the judge, "it's very difficult to become the number one student in China's college entrance examination. There are more than ten million students in China every year. Among them, only one third of the students with the highest score in the first examination can enter the final part of the college entrance examination. From three million or four million people, they stand out and become the number one in the total score, I think, It's a genius anyway. "

Everyone expected what Professor Cai wanted to say and could not help holding his breath. The reporters were especially excited.

DuPont's lawyer yelled bad, but there was no way to stop it.

Then, Professor Cai said in English: "Yang Rui is the number one in China's college entrance examination in 1983, and he has the highest total score in all previous years."

The silence of the court was suddenly broken.

Many Americans are whispering.

Compared with Asians, Americans do not like to learn, but their fear and pursuit of being the first remain unchanged.

What excites Americans in particular is their beauty and intelligence. They are good at sports and do not like reading, but they can win the first prize.

No one knows whether Yang Rui is good at sports, and whether he likes reading is a subjective question. In addition, he can almost get full marks in three of the five items.

Journalists have been busy revising the original.

"I want to explain it again." Professor Cai raised his voice again and said: "China's college entrance examination system allows not only current students but also past students to participate. Because of the importance of the college entrance examination, many students will repeat for many years and continue to participate in the college entrance examination. Some students will even repeat for six or seven years. Therefore, Yang Rui can become the number one in the college entrance examination in 1983. From the beginning, he has not only defeated his peers, but also many well prepared senior students. So I say that Yang Rui is a genius, He has extraordinary ability to acquire knowledge, and he has extraordinary ability to use knowledge. He has not only completed PCR research, but also completed a number of other researches. I hope that all of you here can give him more tolerance, and let him have the opportunity to use his talents and make more contributions to the world. "

Pop.

A slow, loud applause.

PA PA.

The two clapped loudly.

make love.

A group of people clapped rhythmically.

Pop, pop, pop.

The audience applauded.

Reporters are too excited to express their excitement in words. Body language makes the court dance.

The judge struck his hammer again with a smile on his face.

DuPont's Kenneth was pale, but he turned his head and said, "even if you win, you can't change the situation."

"We have witnesses." Benjamin's eyes were shining, but he was full of confidence.