News & Analysis as of

Patent Infringement 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

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

Quarles & Brady LLP on

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

WilmerHale on

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

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

Linda Liu & Partners on

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...

Linda Liu & Partners on

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

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

Linda Liu & Partners on

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

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 & 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

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

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

Linda Liu & Partners on

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

Linda Liu & Partners on

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

Morgan Lewis

New Chinese Administrative Forum, CNIPA, Issues First Patent Infringement Decisions Against Generic Drug Makers

Morgan Lewis on

The China National Intellectual Property Administration, a newly established administrative authority on patent infringement disputes, recently issued its first decisions, addressing questions many companies had on the...more

Linda Liu & Partners

[Webinar] The Strategies of IP Rights Enforcement in China - August 31st, 10:00 am - 11:00 am CEST

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China has been successful in reshaping its image as it is evolving into one of the friendliest and most efficient jurisdictions for IP right holders, despite being once portrayed as a copycat-riddled market. A bunch of IP...more

Linda Liu & Partners

[Webinar] The Strategies of IP Rights Enforcement in China - August 30th, 10:00 pm - 11:00 pm ET

Linda Liu & Partners on

China has been successful in reshaping its image as it is evolving into one of the friendliest and most efficient jurisdictions for IP right holders, despite being once portrayed as a copycat-riddled market. A bunch of IP...more

Linda Liu & Partners

Patent Right Evaluation Report in China’s Patent System

Linda Liu & Partners on

China's Patent Law stipulates that where a patent infringement dispute involves a utility model patent or a design patent, the people's court or the relevant administrative department may require the patentee or the...more

Linda Liu & Partners

How to win the war against infringement on China’s e-commerce platforms

Linda Liu & Partners on

In the information age, with the rapid development of the Internet, mobile Internet, big data, and other technologies, products can be promoted to the whole world without leaving your house; foreign companies can also open...more

Linda Liu & Partners

Influence on Scope of Protection by Defining Steps in Process Claims of Chinese Patent

Linda Liu & Partners on

According to the Guidelines for Patent Examination, a process claim shall usually be defined in terms of technical features such as technological process, operational conditions, steps, and procedures. However, the Guidelines...more

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

2021 Design Patents Year in Review: Analysis and Trends

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more

Linda Liu & Partners

Stages of Patent Invalidation Proceedings in China

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To invalidate patent is a common attack method in the "patent war", especially when patentee uses the patent to litigate or demand high licensing fee....more

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