Disputes over standards essential patents are increasingly being
exposed in the courts, as can be seen from the CJEU decisions (such
as Huawei v ZTE) and in the UK in relation to the Unwired
Planet litigation1, giving a detailed insight into a
wide range of issues beyond simple infringement and validity. In
his discussion of Sony's defeat in the recently established
Beijing IP Court, Toby Mak shows that such cases
in China are no different, with punitive damages and an injunction
being granted, as well as (by Chinese standards) substantive
costs.
On 22 March 2017, the Beijing Intellectual Property Court
("the Court") issued a decision confirming that
Sony2 infringed an Iwncomm3 patent. The Court
imposed punitive damages on Sony, which was ordered to pay Iwncomm
9,103,367 RMB (about £1.03 million). This included expenses
for litigating the case of 474,194 RMB (about £53,750), and
damages of 8,629,173 RMB (about £978,240). The Court also
granted an injunction against
