This part mainly compares the examination standards for supplementary experimental data in the United States, Europe and China, and on this basis, gives some suggestions on examination practices in China.
Continue Reading Stability Analysis of Patents with Compound Subject Matter during Invalidation Stage
Patent Disputes and Article 24 of Judicial Interpretation II
by Li Zhongsheng, King & Wood Mallesons’ IP group
On behalf of Qualcomm Incorporated, King & Wood Mallesons (“KWM”) recently asserted several standard essential patents (SEPs) against Meizu, a Zhuhai-based handset manufacturer. Meizu concluded a license agreement with Qualcomm on fair, reasonable, and non-discriminatory (FRAND) terms, in settlement of the royalty dispute after it was threatened with an injunction.. Article 24 of the Supreme People’s Court Interpretation of Issues of Application of Laws in the Handling of Patent Infringement Disputes (II) (“Judicial Interpretation II”) was the legal basis on which Qualcomm accused Meizu of patent infringement. This essay is a preliminary consideration of that article.
Article 24 of Judicial Interpretation II (“Article 24”) consists of four paragraphs.
Continue Reading Patent Disputes and Article 24 of Judicial Interpretation II
China Patent Holders Beware!
There are Risks in Participating in the Formation of Standards.
On July 8, 2008, when China’s Supreme Court addressed the question raised by the Liao Ning High People’s Court arising from a patent infringement dispute, it stated, “If a patentee participates in the formulation of the Standard or agrees to incorporate its patented technology into the National Standard, the Industrial Standard and/or the Local Standard, it shall be deemed as the patentee authorizing other parties to exploit the patent for the purpose of conforming to the standards. The exploitation by the said parties may not constitute patent infringement as specified under Article 11 of the Patent Law.”
How can this impact your patent in China?
Xu Jing, Partner at King & Wood’s IP Litigation Practice