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IP Litigation

Liu, Shen & Associates

Beijing, China
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Client: Samsung

This case involves complex wireless charging technology on the technical side and legal issues such as whether the patentee’s statements during the patent application process are automatically accepted in the invalidation procedure, and the determination of motivation of combining several prior arts in the assessment of patent inventiveness. The patent involved in the case relates to wireless charging technology widely used in portable terminals, and the plaintiff Aimaxin company has successively sued multinational corporations such as Apple, Xiaomi, and Samsung, drawing extensive attention within the industry. The plaintiff initially filed a patent infringement lawsuit against Apple and reached a patent licensing agreement with it. Subsequently, it filed a patent infringement lawsuit against Samsung at the Beijing Intellectual Property Administration using the same patent, totaling five cases, requesting the Beijing Intellectual Property Administration to issue an injunction. LS team the client win all of the five infringement cases, and successfully invalidated the patents involved before the National Intellectual Property Administration, followed by a victory in the first-instance administrative litigation in 2023.

Client: TP Link

TP-Link, founded in 1996, is a global provider of reliable networking devices and accessories, involved in all aspects of everyday life. The company is consistently ranked by analyst firm IDC as the No. 1 provider of Wi-Fi devices, supplying distribution to more than 170 countries and serving billions of people worldwide. From 2020, TPLink has been sued with 3 patent infringement lawsuits by a Chinese NPE Dunjun in three courts. Liushen team is entrusted to represent TPLink to fight against the NPE. The difficult part of this case is that Dunjun has won patent infringement case before based on the same patent, which is decided by the Supreme Court. Therefore, Liushen team is oriented to use the technical appraisal to deny the precedent effective judgements by emphasizing that the technology used by TPLink is quite different from the precedent cases.

In view of strong non-infringement arguments, 2 of 3 cases have been withdrawn by Dunjun since they can not see the hope of winning the case. 1 case is still pending. TPLink praises Liushen team to be technically knowledgeable high above average level lawyers on the technical solutions to find out the most powerful arguments and avoid the futile actions. This case shows the capabilities of Liushen team to represent giant Chinese company to efficiently fight in the high profile patent infringement cases.

Client: ChipOne

Beijing ChipOne Technology Co., Ltd. is an internationally leading display chip design enterprise. In recent years, ChipOne is challenged with rounds of patent infringement litigations and IC layout infringement litigations. The patent infringement case is claimed with damages up to 99.4 million RMB, involving LED display screens and display drivers, and the IC layout infringement case is claimed with damages of 50 million RMB. Both cases involve complex and highly professional technical solutions such as display screen structures, chip circuits, and control methods. Based on profound legal professionalism and solid technical capabilities, Liu Shen team, with team leader Mr. YU Xiaoning, has developed a comprehensive and detailed litigation strategy for the series cases, demonstrating strong technical advantages throughout the entire process. In the process of responding to infringement cases, Liu Shen team succinctly and clearly presented to the court the differences between the sued display screen products and chip products and the involved patents. On the other hand, at the patent invalidation side, Liu Shen team successfully explained the complex technical solutions, clarified its relationship with existing technology to challenge the patentability, resulting in all the patents to be completely invalidated.

Client: P&G

The entire process of the case went through twists and turns and last over 8 years: the first patent invalidation request won by the Liu Shen team was reversed in subsequent administrative litigation. Under the trust of the client, team members fought under pressure, worked closely together, and based on a comprehensive analysis of the case materials, adjusted their strategies with a deep understanding of the case circumstances. LS Team once again made invalid requests and responded excellently in the invalid procedures. In the end, the Patent Office adopted the defense opinions of the Liu Shen team, and the Liu Shen team successfully helped the client win another victory at the patent invalidation stage.

 

Client: Telma Company

Hypertherm Inc. is a global leader in plasma welding torches, and Telma Company is an outstanding Chinese enterprise in this field. The product involved in the case is a special equipment, the plasma welding torch. Telma Company was once included in the “Unverified List” by the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) and has been removed from the list in the later. The plaintiff, through this lawsuit, aimed to obtain an injunction from the court to prevent IPO progress of the defendant.

This case involves a typical patent infringement issue in the context of “domestic substitution,” i.e. the plaintiff holds a patent, and the defendant states in its web that its product can replace the plaintiff’s product, leading to the question of whether this can be presumed to establish infringement, and further whether it constitutes intentional infringement. The case is highly typical for patent infringement cases arising from “domestic substitution.” Mr. Xiang ZHANG assisted the client to win all five infringement cases. The judgments in all of these cases have now taken effect in 2024.

Client: WAGO

WAGO Management Co., Ltd. in Germany is a world-renowned manufacturer of wiring terminals, whose products have excellent performance and are widely used in industries such as electricity, manufacturing, lighting, railways, ships, and automobiles. Due to the high market popularity of WAGO products, many counterfeiters have launched products that replace WAGO, infringing on WAGO’s patent rights. Liu Shen team has represented WAGO Company in patent enforcement actions in China for many years, obtaining many successful cases against infringers of various scales, effectively curbing the number and scale of WAGO patent infringement, and successfully safeguarding the interests of clients. One patent infringement case lasted for over 4 years. The first and second instance courts have supported the majority of the claims of the patentee and made guidance in the interpretation of the claims, the infringement liability and the deciding of damages, providing favorable guidance for the foreign patentee to enforce patent in China.

 

Client: Qualcomm

Qualcomm is the world’s leading company in the R&D of 3G, 4G and 5G technologies. In the patent war between Apple and Qualcomm, Apple challenged Qualcomm’s business model (chip licensing business model). Liu Shen team provided legal services on patent invalidation and patent infringement on the China battlefield of its global lawsuit with Apple since 2018. With LS’s efforts, Qualcomm’s patent maintenance rate exceeded 80%, far above the general maintenance rate of 40%. Until 2021, those invalidation decisions have been appealed to Beijing IP Court. Until 2023, LS team has won all the appeal before Beijing IP Court. In 2023, 6 administrative cases have been decided by the Supreme Court to be favorable to Qualcomm to win the appeal.

This case demonstrates the team ability to handle complex patent administrative lawsuits, with relatively scattered technical fields and high degree of technical difficulty. With our deep and solid experiences in patent administrative lawsuits, we successfully make the judge to understand the complicated technology to achieve best result for the client. The hard work of LS team in the patent administrative lawsuit strengthen Qualcomm’s standing in the patent battle with Apple smoothly, maximizing the business interests of the client to the greatest extent.

 

 

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Fengbo Tao-IP Litigation

Fengbo Tao

IP Litigation

phone number

+86-10 62681616 - 7101

emailfbtao@liu-shen.com
Tao Ma-Patent Application

Tao Ma

Patent Application

phone number

+86-10 62681616

emailtaoma@liu-shen.com
Tao Ma-Patent Application

Tao Ma

Patent Application

phone number

+86-10 62681616

emailtaoma@liu-shen.com
Wu Yang-Patent

Wu Yang

Patent

phone number

86-10-6268 1616-1003

emailwuyang@liu-shen.com
Tao Ma-Patent Application

Tao Ma

Patent Application

phone number

+86-10 62681616

emailtaoma@liu-shen.com
Fengbo Tao-IP Litigation

Fengbo Tao

IP Litigation

phone number

+86-10 62681616 - 7101

emailfbtao@liu-shen.com
Yali Shao-Patent

Yali Shao

Patent

phone number

86-10-6268 1616-3025

emailylshao@liu-shen.com
Changxin Lei-Trademark

Changxin Lei

Trademark

phone number

86-10-6268 1616-6005

emaillilylei@liu-shen.com
Qing Ge-Patent

Qing Ge

Patent

phone number

86-10-6268 1616-6005

emailqingge@liu-shen.com
Stephen Zou-Patent

Stephen Zou

Patent

phone number

86-10-6268 1616-5059

emailzlzou@liu-shen.com
Zhifei An-Patent

Zhifei An

Patent

phone number

86-10-6268 1616-

emailzfan@liu-shen.com
Jun Qiu-IP Litigation

Jun Qiu

IP Litigation

phone number

86-10-6268 1616-7115

emailjunqiu@liu-shen.com
Xiaoning Yu-Patent

Xiaoning Yu

Patent

phone number

86-10-6268 1616

emailxnyu@liu-shen.com
Xiang Zhang-Patent

Xiang Zhang

Patent

phone number

86-10-6268 1616-7032

emailxiangzhang@liu-shen.com
Wu Yang-Patent

Wu Yang

Patent

phone number

86-10-6268 1616-1003

emailwuyang@liu-shen.com
Wu Yang-Patent

Wu Yang

Patent

phone number

86-10-6268 1616-1003

emailwuyang@liu-shen.com

Team Services

The firm has the largest dedicated IP litigation team among Chinese law firms, providing comprehensive IP legal services to satisfy all needs of the clients in this area, including patent infringement litigation, patent invalidation, patent administrative litigation, patent searching service, trademark infringement litigation, trademark administrative litigation, patent FTO analysis, IP Due Diligent research, anti-unfair competition litigation, copyright infringement litigation, trade secret litigation.

The biggest advantage of the IP Litigation Department of Liu Shen & Associate lies in its strong technical capabilities. The winning rate in patent invalidation and infringement cases is higher than that of peers, which distinguishes Liushen team from other competing firms and enables Liushen team to assist their clients in complex patent litigation matters. LS team members have diverse background, including experienced partners who have worked in top international law firms for many years, partners with extensive IP litigation experiences in China, as well as lawyers who are former examiners from China Patent Office. Almost all of our team members has strong science background.

Awards and Recognition

Chambers

Liu Shen is top-notch on every front, prompt in responding to our questioins, with deep knowledge of the pharmaceutical industry as well as thorough and business-minded strageies.