In Linklinear Development Co., Ltd. v. Shanghai Baoye Group Corp., Ltd., [(2019) SPC. IP. Civil. Jur. Fin. No. 2] (November 1, 2019), the IP Tribunal of the Supreme People's Court ("SPC") affirmed a…
The IP Tribunal of the Supreme People’s Court (SPC) recently issued a decision in Dunjun v. Tengda ((2019) SPC IP Civil No. 147), holding that the manufacturer’s making and selling of routers…
On 5 December 2019, the IP Tribunal of the Supreme People’s Court (SPC) handed down two decisions in which – in a first for China, the SPC heard and decided on both the patent validity and…
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…
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…
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…
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…
The recent Apple v. Baili case has generated a wide interest in design patents. This article discusses developments on judicial standards for determining design patent infringement applied in Apple v…
On March 22, 2017, the Beijing IP Court (the “trial court”) issued a decision on a high-profile case Iwncomm v. Sony concerning infringement of a standard essential patent (SEP). This case has drawn…