Patent Fight Between Two Giant Telecom Companies—- Retrial Case of the Supreme High People’s Court

Brief introduction：
Company Z claimed that Company H has used one of its patents in two telecom products, and brought the lawsuit to an intermediate people’s court in Shanxi province. The court for the first instance determined that Company H had infringed the patent of Company Z. The court for the second instance sustained the decision of the court for the first instance.

In 2014, Company H entrusted us. After analyzed the relevant problems, we decided the cause for retrial, and prepared all the relevant documents. The Supreme People’s Court received the retrial application.

The retrial procedure was suspended because Company H had applied for the invalidation of the patent. After the patent had been invalided, the retrial procedure restarted, and the case was accepted and concluded by the Supreme People’s Court.

Highlights：

• To find the focus of the Supreme People’s Court on patent infringement cases, which is the key reason for the Supreme People’s Court to accept the retrial case.

• The breakthrough points: (a) how to define the infringement under the doctrine of equivalents; (b) the rules related to the judicial authentication; and, (c) “one patent one lawsuit” V.S. “one product one lawsuit”