Supreme Court: After First-Instance Infringement Finding, Preliminary Injunction Generally Should Be Maintained

The Supreme People's Court has issued rulings in two cases concerning applications for reconsideration of preliminary injunctions in patent infringement disputes, clarifying an important legal standard:

When a court, after trial, issues both a first-instance judgment ordering the defendant to cease infringement and a preliminary injunction ordering immediate cessation of the infringing acts, the factual and legal basis for the injunction is relatively strong because the case has already been subject to substantive hearings. At the reconsideration stage, the preliminary injunction should generally be maintained unless the respondent provides countervailing evidence or sufficiently strong reasons demonstrating that the conditions for granting the injunction are not met.