News & Analysis as of

China Patent Litigation

Patterson Belknap Webb & Tyler LLP

Don’t Hit Send: Judge Rochon Denies Motion for Alternative Service via Email

On September 24, 2024, District Judge Jennifer L. Rochon (S.D.N.Y) denied Plaintiff Square One Choices, Inc. (“SOC”)’s Motion for Alternative Service because SOC failed to show that the Hague Convention permits service by...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - July 2024

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This is the third issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be...more

Quarles & Brady LLP

The Moving Target of “Complete Design Units” in Chinese Law

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As outlined in our previous post, partial design claiming in China continues to be a moving target, as variations in the interpretation of partial design claims persist among Chinese examiners. As of this writing, the Chinese...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - April 2024

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This marks the second issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

Wilson Sonsini Goodrich & Rosati

Newly Amended Chinese Implementing Rules for Patent Law and Guidelines for Patent Examination Bring Significant Changes to...

On December 21, 2023, more than three years after the amendments to the Patent Law in 2020 (2020 Patent Law), the Implementation Regulations of the Patent Law (Rules) and the Guidelines for Patent Examination (Guidelines)...more

Quarles & Brady LLP

The Moving Target of Partial Design Protection Under Chinese Law

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As outlined in our previous post, securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners. Since the rule...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - January 2024

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This marks the first issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

Linda Liu & Partners

Noteworthy Points in the Rules for the Implementation of China's Patent Law 2023

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Recently, the new Rules for the Implementation of Patent Law (hereinafter referred to as "the Rules") has been approved and promulgated by the State Council, and will come into force on January 20, 2024. There are many...more

Linda Liu & Partners

Influence of the Determination of Technical Problem Actually Solved on the Determination of Technical Teaching | Case on...

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The technical problem actually solved by an invention should be determined based on distinguishing technical feature of the claims as compared with the most-related prior art and the technical effect can be known by a person...more

Linda Liu & Partners

How did we reverse the second trial in our favor with evidence discovery order issued? | Patent infringement case of “the fitness...

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Summary of the judgment - The Court verified that the calculation method claimed by MTG Co., Ltd. was in accordance with the law and that all the data based on which it calculated the amount of compensation was available...more

Linda Liu & Partners

Whether a less performant technical solution disclosed in the evidence gives opposite technical teaching | Administrative Lawsuit...

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Judgment Gist - Evidence 5 discloses that “the process according to the invention forms a product which rigidifies far better than alternative treatments, for instance the use of water swellable, water swellable polymers...more

Linda Liu & Partners

Judicial Remedy of Administrative Decision on Disputes over Patent Infringement | Administrative Lawsuit on Infringement on...

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Judgment Gist - Customary design is a prior design that is well known by the general consumers and can be recalled by the general consumers upon merely mentioning of the product name. When mentioning beauty roller...more

Linda Liu & Partners

Invention-Creations Related to Work Tasks Made During the Service Period Belong to Service Invention-Creations | Dispute over...

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Judgment Gist - According to the relevant provisions of the Patent Law, an invention-creation made by performing the tasks of the entity concerned or mainly using the material and technical conditions of the entity...more

Morrison & Foerster LLP

Fifth Circuit Weighs In on Transfer Factors In High-Tech IP Case

The Federal Circuit is charged with disposing of the mandamus petitions that regularly arise from decisions denying transfer under 28 U.S.C. § 1404(a) in Texas patent litigation. The Fifth Circuit, whose law the Federal...more

Kilpatrick

5 Key Takeaways | How to Effectively Leverage the Chinese Patent System

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Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in California. Firm attorneys led two days of interactive discussions with clients on the latest developments in...more

Linda Liu & Partners

News Flash: China parallel patent infringement litigation gives Nanoco leverage in the $150million settlement with Samsung

Linda Liu & Partners on

In March, Samsung agreed to pay UK Nanotechnology Company Nanoco USD 150 million in a patent infringement dispute over patents used in QLED televisions that featured legal team from Wei Chixue Law Firm of Linda Liu Group - a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis and Trends: International Design Law: Global Law and Policy

Design protection continues to be a priority for governments around the world. Global design protection is gradually becoming more modern and harmonized. Building on earlier developments, China made progress to implement...more

Linda Liu & Partners

Thoughts on Strategy for Arguing against Objection of Lacking Essential Technical Features

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I Introduction - Under Rule 20.2 of the Implementation Regulations of the Chinese Patent Law, “The independent claim shall outline the technical solution of an invention or utility model and state the essential technical...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

Hogan Lovells

Spotlight on Greater China: navigating a shifting patent landscape

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As part of a new Asia-Pacific (APAC) Life Sciences and Health Care webinar program designed both for companies with commercial interests in APAC and for companies based in the region, Hogan Lovells is hosting a special...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Shrinks Venue Loophole for Foreign Defendants

On January 9, in In re: Stingray IP Solutions, LLC, the Federal Circuit vacated a transfer order issued by the Eastern District of Texas, thereby limiting a foreign defendant’s ability to negate venue in one court simply by...more

Linda Liu & Partners

Current State and Emerging Challenges of SEP Licensing for Intelligent Connected Vehicles in China (II)

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III. Principles and Methods Adopted by Chinese Courts for Calculating SEP Royalties in Lawsuits in the Field of Communications - 1. Regarding Justiciability of SEP License Disputes in China - Interpretation of the Supreme...more

Linda Liu & Partners

Application of Obstruction of Evidence Production Rule in Patent Infringement Disputes (II)

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III. Application of Obstruction of Evidence Production Rule in Patent Infringement Judgment - In the practice of patent infringement disputes, especially the infringement cases involving manufacturing equipment and BtoB...more

Linda Liu & Partners

Donation (Disclosure-Dedication) Doctrine in China’s Patent Litigation

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When construing the patent claims to determine patent infringement in China, the principle of equivalence will be applied, that is, the protection scope of a patent right is not only determined by the technical features...more

Linda Liu & Partners

[Webinar] Mock Trial: Based on the Exemplary Civil and Administrative IP Cases of Shenzhen Court in 2021 - November 15th, 10:00 am...

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China’s judicial reform continues to deepen, aiming to build a more transparent and effective system. As one of the crucial battle fields for IP right owners across the world, China has also established the IP courts and...more

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