Recently, our firm won the first instance of an administrative litigation case for invalidation of an invention patent, in which it is ruled that the invention patent should be comp...
Introduction In the chemical field, it is difficult to seek invalidation of a patent claiming to have achieved unexpected technical effect. This case provides a strategy for success...
Judgment pronounced in court: the first sound of gavel strike in the IP tribunal of the SPC
The Supreme People’s Court (hereinafter referred to as “SPC”) held a public trial of an invention patent infringement case involving the appellants Xiamen Carall automotive parts Co. Ltd. (hereinafter referred to as Carall Company) and Xiamen Fuke automotive parts Co. Ltd. (hereinafter referred as Fuke Company), the appellee VALEO SYSTEMES D’ESSUYAGE, and Shaoqiang CHEN (natural person), the defendant of the original trial on the morning of March 27, 2019. The vice president of the SPC, the president of IP tribunal, Mr. Dongchuan LUO, a second-grade justice, presided over the court, banged the first gavel in the IP tribunal of SPC.
After trial, the collegiate panel determined that the allegedly infringing product fell into the protection scope of the involved patent right, and patent infringement was constituted by Carall Company and Fuke Company. Thus, the judgement of the first instance is affirmed and the appeal of Carall Company and Fuke Company dismissed.
Date: March 27, 2019
Source: the Supreme People’s Court
