Constitutive Elements Of Malicious Filing Of Intellectual Property Litigation

In 2024, the Supreme People's Court (SPC) concluded an appeal case involving a dispute over damage liability due to malicious filing of intellectual property litigation, in which the Court determined that the accused infringer's litigation action did not constitute malicious litigation, and further clarified the criteria for identifying malicious litigation.

Guiling A Company filed a lawsuit with the court of first instance, requesting to confirm that Case No. 3843 filed by Hunan B Company was a malicious intellectual property lawsuit, and to order to compensate for economic losses and reasonable expenses.

The court of first instance found that: On January 20, 2016, Hunan B Company was granted the invention patent involved in the case. On May 9, 2018, Guilin A Company issued the "Announcement on the Acceptance of Company's Public Allotment Application by the China Securities Regulatory Commission (CSRC)." On July 13, 2018, Hunan B Company filed a lawsuit with the