Coordination Of Patent Infringement Determinations In Related Cases

The Supreme People's Court issued a final judgment in a utility model patent infringement dispute. The case emphasizes that, for related cases involving the same allegedly infringing product, the same patent, and the same non-infringement defense, the determination should be consistent to avoid conflicting judgments. Even if the alleged infringer did not appeal the after first-instance judgment, the second-instance court can, based on the established ruling in another case that the same defense was valid, legally reverse the judgment and affirm that the alleged infringer's defense is also valid.

In this case, Dongguan Company A, the patentee of an utility model patent entitled "A Deep Ultraviolet Air Drying Toothbrush Disinfection Case" (hereinafter referred to as the patent in question), claimed that a department store was selling and offering for sale a toothbrush case model DB805 (hereinafter referred to as the alleged infringing product) on the 1688