Business Background
Kunshan Dongwei Technology Co., Ltd. (“the Client”) is an equipment manufacturer integrating research and development, production and sales. The Client owns a number of invention and utility model patents. In the course of its business, the Client discovered that a number of electroplating equipment manufacturers had manufactured and sold equipment infringing its patents without permission. Attorney Xiaojuan PENG was entrusted by the Client to deal with the patent litigation dispute. During the process, the infringing party filed an invalidation application against the Client’s patent, which posed a serious threat to the Client’s listing plan. With the professional service and handling strategies, attorney PENG helped the Client win the lawsuit and defuse the IPO crisis successfully.
Business Difficulties and Highlights
Concealed Infringing Acts Led to Difficulties in Obtaining Evidence
The case involved a number of companies infringing the Client’s patent and there were differences in the manner of their infringement. Attorney PENG had to work out different solutions to the dispute depending on the different infringing parties. To this end, attorney PENG negotiated with multiple infringing subjects and worked out litigation and settlement plans to protect the Client’s interests to the greatest extent. In addition, the infringing acts was extremely concealed and the technical solutions involved were also relatively complex. It was difficult for attorney PENG to purchase the infringement products or elaborate on them in the trial by means of images.
Combining Patent Invalidation Requests and Litigation to Avoid Procedural Conflicts
In this case, multiple defendants filed a request to invalidate the Client’s patent. If the court confirmed the patent invalid, it would cause significant loss to the Client’s interests and adversely affect the Client’s listing. Attorney PENG clarified the inventiveness and validity of the Client’s patent from various perspectives, including the motivation for improvement and the technical problem solved. Attorney PENG’s litigation plan finally convinced China National Intellectual Property Administration and the court to properly handle the two dispute procedures, which ultimately helped the Client vigorously crackdown on patent infringement and overcame the obstacles for the Client’s listing.
