Three cases handled by Leader IP were selected as 100 typical cases of the Intellectual Property Tribunal of the Supreme People's Court

View: 74     Date: 2024-02-29 06:40

Author: Huaiyuan XU

On February 22, the Intellectual Property Tribunal of the Supreme People's Court released 100 typical cases in the past five years, including the infringement case of the Wi-Fi standard essential patent, the infringement case of intelligent logistics robot, and the invention patent confirmation case for card metaphor of Qualcomm.

No. 90 the infringement case of the Wi-Fi standard essential patent was a dispute caused by the negotiation of standard essential patent implementation license. The patentee sued to the Shanghai Intellectual Property Court to request the court to confirm that a Chinese invention patent owned by the patentee was a technical scheme that must be implemented when implementing IEEE 802.11n technical standard, which was the first litigation of confirmation for standard essential patent in China. The reason of the case was a dispute to confirm whether the patent is in the scope of patent protection.

The first instance judgment of the Shanghai Intellectual Property Court confirmed that the patent belongs to the standard essential patent, and the accused infringing product was in the scope of protection of the patent right. The defendant appealed against the first instance judgment. After the trial, the Intellectual Property Tribunal of the Supreme People's Court considered that the two parties had a good basis for mediation, and then continued to promote negotiation. Finally the two parties reached a license agreement through mediation and withdrew the lawsuit. In this case, the intellectual property team of Leader IP handled the case carefully from the aspects of negotiation, identification, prosecution, mediation, etc., and achieved good legal and social effects.

No. 91 the infringement series cases of intelligent logistics robot patent were special cases introduced by the Intellectual Property Tribunal of the Supreme People's Court at the press conference organized by The State Council Information Office. Due to increasingly fierce competition in market competition, product iteration, financing and listing, the two parties sued each other in Guangzhou, Wuhan, Nanjing, Suzhou and other places in the four years from 2019 to 2023 in 16 civil disputes such as patent infringement and unfair competition, and more than 20 derivative administrative litigation disputes.

In the end, the Intellectual Property Tribunal of the Supreme People's Court actively mediated and facilitated the two parties to reach a package settlement. Leader IP represented the whole process of the series of cases in response, counterclaim, declaration of patent invalidation, administrative litigation, etc. In the early stage of the cases, the response team adopted the strategy of quick and positive response, creating a stable and good environment of investment, financing and marketing for the client. In the later stage of the cases, the team adopted the strategy of steady counterclaim, and achieved good results.

During the four years of litigation progress, the valuation of the client has increased by nearly 20 times, and the number of effective patents has increased by more than 10 times. Recently, the client have be in the list of global Top 100 innovative enterprises.

The No. 72 "Card metaphor for activities in a computing device" invention patent confirmation case is the "star" patent in the series of patent infringement cases against Apple by Qualcomm. The patent was publicly trialed as an important case in the invalidation procedure, and was rated as the first of the Top 10 cases of the year by CNIPA. Leader IP’s dispute team, started from the inventive features in the GUI field of the patent, deeply and comprehensively understood and made clear description of the patent innovation essence through the combination of technical development history, application scenarios, technical problems to be solved, operation objects, technical ideas and corresponding results. Under the challenge of more than thousands of pages of the evidence of prior art, Leader IP successfully maintained the full validity of the patent and laid a solid foundation for the confirmation of the invalid right, which became an important case of the second instance of the Supreme People's Court to maintain the invalidation decision of CNIPA.

Leader IP deeply participated in and represented more than 40 cases in this series of patent disputes, covering patent invalidation, administrative litigation, patent infringement, etc. In addition to the invention patent of "Card metaphor for activities in a computing device", the invention patent infringement case of "Switching battery charging system and method" and the invention patent invalidation case of "Circuit with high-density local interconnect structure and its manufacturing method" were separately selected as the Top 10 typical cases of Guangzhou Intellectual Property Civil cases and the Top 10 cases of CNIPA.

The intellectual property dispute resolution team of Leader IP has more than 30 patent agents and lawyers undertaking intellectual property litigation cases, with rich experience in handling cases such as patents, trademarks, copyrights, business secrets and technical contracts, and is committed to escorting the innovation and entrepreneurship activities of the clients.