Patent Infringement Dispute on CDMA/GSM Double-mode Mobile Communication Method

View: 2140     Date: 2013-05-01 03:18

Source: http://www.court.gov.cn/

“Top Ten Chinese Intellectual Property Cases of 2012” issued by the Supreme People's Court in late April, 2013, and the case of Zhejiang Holley Telecommunication Group Co. Ltd (hereafter “Holly”) v. Shenzhen Samsung Kejian Mobile Technology Co., Ltd. (hereinafter “Samsung”) was on the list, our firm, entrusted by the defendant Samsung, helped Samsung win the case.

Holley is an exclusive licensee of the patent “ZL02101734.4, entitled CDMA/GSM double-model mobile communication method and equipment”, and Holley alleged that the SCH-W579 cell phone, manufactured by Samsung infringed Holley’s ZL02101734.4 patent, and requested the court order Samsung to stop producing and selling the product and compensate for an economic loss of RMB 50 million to Holley. The first instance court handed down a decision in favor of Holley. After losing the case in the first instance, Samsung entrusted our firm to handle the second instance hearing as well as first instance, second instance and appeal proceedings of subsequent administrative litigation. We fully investigated the details of the whole case, and developed elaborate coping strategies for Samsung, and in response, submitted a request for declaration of invalidity to this patent during the second instance of infringement litigation. Finally, we got a rolling victory in the administrative litigation and effectively safeguarded the interests of Samsung. The ZL02101734.4 patent was announced invalid as a whole.

[Significance]

This case is the first one in which an internationally-renowned cell phone manufacturer is sued by its Chinese counterpart for patent infringement,  and the first instance judgment reached a compensation amount as high as RMB 50 million, which has received extensive attention at home and abroad. The Second-instance court actively guides each party to collect and question the evidences, adopts reasonable comparison methods, encourages each party to invite technical experts to explain technical problems, utilizes fact-finding mechanisms such as technical appraisals, and tries the best to apply relevant laws accurately. As a result, the second instance changes the original sentence and rejects all the lawsuit requests, which equally protects the legal rights and interests of all parties, and constructs a fairly competitive market environment.