On April 25, the top ten cases of invalidation of patent reexamination in 2022 were officially released at the Open Day of the State Intellectual Property Office.
Top 10 cases of patent reexamination invalidation in 2022It includes 8 invention patent invalidation cases, 1 utility model patent invalidation case and 1 design patent invalidation case.The case involvesArtificial intelligence, standard essential patents, genetic engineering drugs, traditional Chinese medicine compound preparations, new energy and other patented technologies,Some typical or frontier legal issues such as the evaluation criteria of creativity in new fields and new forms of business, the application of the "confidential review" clause, the judgment of the conflict between design and trademark rights, and the recognition of priority are explained in depth.👉The relevant decisions can be found here👈
Since 2010, the State Intellectual Property Office has selected and published the top ten annual cases from the reviewed and invalid cases for many years in a row, which has attracted wide attention from the industry and the public. The selection and publication of the top 10 annual cases have played a positive role in explaining patent examination standards, strengthening the legal protection and protection of intellectual property rights, and stimulating innovation.
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2023-03-01
Is online shopping infringing when the goods are not even shipped?
The plaintiff a glass products company is the patentee of a wine bottle design patent, and the plaintiff believes that the defendant a winery company manufactured and sold a "lightning wine" (referred to as the accused infringing product), the accused infringing product completely falls within the scope of the plaintiff's patent protection, constituting a violation of the plaintiff's patent right.
2023-02-24
Galima Company claims that the product accused of infringement adopts the design of the appearance patent No. ZL202030343224.9, and its behavior does not constitute infringement. In this regard, the Court of second instance held that Article 23 of the Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Patent Infringement Disputes (II) provides that: "Where the alleged infringing technical scheme or design falls within the scope of protection of the prior patent right involved, and the accused infringer argues that his technical scheme or design has been granted a patent right to not infringe the patent right involved, the people's court shall not support it."
2022-12-11
"A hemostatic clamp" invention patent infringement dispute Case No. 1: (2020) Zhejiang 02 Zhminchu 261 ★ Case Introduction ★ Plaintiff: Nanwei Medical Technology Co., LTD. (Nanwei Company for short) Defendant: Zhuji Pengtian Medical Equipment Co., LTD. (referred to as Pengtian Company) Nanwei Company is the patent holder of the invention of "a hemostatic clamp" with patent number ZL201410222753.7. Nanwei Company referred to as Pengtian company manufacturing and sales of "disposable hemostatic clamp" product suspected of infringement of its invention patent, to the court to request rights protection.
2022-11-22
The defendant Qianghua Products Store believes that the accused infringing products sold by it have legal sources and should not be liable for compensation. The Beijing Intellectual Property Court held that the Qianghua product store submitted the order page screenshot of the 1688 e-commerce platform, the enterprise information of Yamei Electronic factory and the "Letter of Authorization" and other evidence, the recipient of the order Li Yongqiang and Qianghua product store operator Zhong Rihua husband and wife relationship, The delivery address and the business premises of Qianghua product store are all in the Hakka New World, Meixian District, Meizhou City
2022-10-31
Recently, the Supreme People's Court made a final judgment on an invention patent infringement dispute involving air conditioning, rejecting the appeals of both appellants, and upholding the Guangzhou Intellectual Property Court's decision that the accused infringing party Guangdong Meibo Refrigeration Equipment Co., LTD. (hereinafter referred to as Guangdong Meibo Company) immediately stop the infringement. And compensate the patentee TCL Air Conditioner (Zhongshan) Co., LTD. (hereinafter referred to as TCL Company) economic losses, a total of 1.68 million yuan of the first instance judgment.
2022-09-02
The Guangzhou Intellectual Property Court has ruled that the plaintiff, Shenzhen Quanwei Intellectual Property Operation Co., LTD. (hereinafter referred to as Quanwei Company), and the defendant, Guangdong Fuaisi Ecological Technology Co., LTD. (hereinafter referred to as Fuaisi Company), be allowed to withdraw the lawsuit. In this case, Quanwei Company appealed to the court to order Fuaisi Company to stop infringing the invention patent, dismantle the tower granulation equipment, and compensate for economic losses of 10 million yuan.
2022-09-02
Brilliance Auto is suing Dongfeng and Honda in the US over sensor-related patents
(August 31), Auto Brilliance LLC (hereinafter referred to as "Brilliance Automobile") filed a lawsuit in the United States Court for the Eastern District of Texas against Japanese automakers Nissan Motor Co. Ltd. (hereinafter referred to as "Nissan") and Honda Motor Co. (hereinafter referred to as "Honda"). The complaint alleges that Nissan and Honda infringed patents related to sensor calibration and adjustment claimed by Brilliance.
2022-09-02
Appellant Boffite Co., Ltd. filed an appeal to the Court of second instance against the civil judgment of Hangzhou Intermediate People's Court of Zhejiang Province (2019) No. 2239 of Zhejiang 01 Minchu due to the dispute over design patent infringement with appellee Jingcheng Sanhe Co., LTD., Taobao Co., LTD. After accepting the case on May 13, 2020, the court of second instance formed a collegial panel to hear the case in accordance with the law. The case is now closed.
2022-08-26
One wave after another, the patent attack and defense war between Ningde Era and Zhongchuang New Aviation is still continuing to see, reflecting the intensifying competition of industry technology and talent. Ningde Times received a $5 million settlement from Hive Energy.
2022-08-02
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