The integration of law and technology has achieved high-quality defense, and Dong Xiaohua's team has achieved new achievements

2022 08/24

Recently, Dong Xiaohua, a senior partner of Gaopeng Law Firm, and his assistant lawyer and electronic data forensic expert Li Dun represented a case involving a top computer expert of a well-known domestic institution of higher learning in a case involving software intellectual property infringement, after 15 meetings, dozens of exchanges with the procurator in charge, and provided more than 200 pages of legal opinions and technical specifications.

On New Year's Day this year, the family members of the parties met with lawyers Dong Xiaohua and Li Dun and confirmed the client relationship on the spot. The key basis for the determination of this case is the similarity appraisal results of software products. In the subsequent process of handling the case, the two lawyers first conducted in-depth study and discussion with the company's technical personnel through their professional legal technology and professional ability in electronic data judicial appraisal, and determined the overall defense idea of the case. After that, combined with the opinions of electronic data identification experts, the special points and key points of software similarity identification in this case were further studied. After obtaining the case file, in order to accurately understand the dossier materials, especially the judicial appraisal therein, and to find its problems and deficiencies in a timely manner, we analyzed and studied overnight many times and issued more detailed, comprehensive and scientific and rigorous legal opinions. In the subsequent exchanges and communications with the procurator, in order to help the procurator have a deeper understanding of the software products involved in the case, in response to the technical questions and doubts raised by the procurator on the appraisal method and software development, the two lawyers consulted a number of industry experts in addition to consulting a large number of technical materials, and formed a technical specification of nearly 200 pages. When the case approached the end of the review and prosecution period, the procuratorate agreed to hold a hearing on the case, and the two lawyers quickly hired expert assistants to form written reports on various technical and legal issues that might arise, and conducted nearly 10 hours of simulated exercises. At the subsequent hearing, the procuratorate and the experts and evaluators hired by it were successfully persuaded, so that the procurator in charge refused to accept the appraisal opinions in the file and then made the decision to release the personnel involved on bail pending trial, and several senior talents in the industry were finally freed, and won a phased victory in this complex case with deep integration of law and technology.