Declaratory-judgment actions of non-infringement are common in patent litigation because it allows the alleged infringer to proactively bring suit to resolve the situation and eliminate the cloud of…
After several rounds of revisions, the latest draft of the 4th amendment of the Patent Law was released by the Standing Committee of the National People’s Congress ("NPC") after its first reading in…
In our blog of last December, we reported that China has established a new IP Tribunal within the Supreme People’s Court (the “SPC”) as a national IP appellate court akin to the federal circuit in…
The Supreme People’s Court of China recently issued a new judicial interpretation regarding preliminary injunctions (PI) for intellectual property (IP) disputes that took effect on January 1, 2019,…
On October 26, 2018, China’s National People’s Congress (NPC) issued a Decision, approving the establishment of a new IP Tribunal within the Supreme People’s Court (the “SPC”) as a national IP…
In China, a patent owner’s statements made during prosecution or invalidation may give rise to prosecution history estoppel (or prosecution disclaimer), which precludes the patent owner from…
A Markush claim is a type of claim commonly used in chemical and pharmaceutical fields. On December 20, 2017, in Beijing Winsunny Harmony Science & Technology Co., Ltd. v. Daiichi Sankyo Co., Ltd, (…
On March 28, 2018, the Beijing High Court issued its decision for Iwncomm v. Sony, a high profile case concerning infringement of a standard essential patent (SEP). The appellate court amended the…
On October 8, 2017, the Chinese Communist Party and the State Council jointly issued a special opinion on the reform of drug and medical device approval system (“Innovation Opinion”). The Innovation…
