Lecome Helps to challenge the "King of Drugs" patent
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- Date:2020-04-09
(Summary description)On February 26, 2020, the Patent Reexamination Board issued No. 42606 Invalidation Decision, declaring No. 201110327798.7 invention patent, "Antibody Purification", of which the patentee is “AbbVie Bi
Lecome Helps to challenge the "King of Drugs" patent
(Summary description)On February 26, 2020, the Patent Reexamination Board issued No. 42606 Invalidation Decision, declaring No. 201110327798.7 invention patent, "Antibody Purification", of which the patentee is “AbbVie Bi
- Number of Views:
- Date:2020-04-09
Recently, Sony (China) Co., Ltd. ("Sony"), with the assistance of the litigation team of Beijing Lecome Intellectual Property Agency Co., Ltd. won the second trial against the plaintiff in a patent infringement dispute over the invention of "headphones that can produce three-dimensional stereo effect". The plaintiff in that case, the patentee, brought two successive infringement suits against Sony for different products under the same patent, with the second infringement suit seeking damages of more than 19 million yuan. Subsequently, the patentee, after winning the case in the first instance, filed a motion to withdraw the second action it had initiated, with a series of twists and turns.
Zhejiang High People's Court issued a second instance judgement rejecting the plaintiff's appeal and upholding the first instance judgement. Based on the findings of the judicial appraisal opinion made as a result of the application of the plaintiff, the characteristics of the allegedly infringing product, the characteristics recorded in the claims of the patent in question and the contents of the disclosure of the specification, the judgment found that the allegedly infringing product did not fully cover all the technical characteristics of claim 1 of the patent in question and therefore did not fall within the scope of protection of the patent in question.
Sony, its research and development of headphones dating back to the 1960s and 1970s, is a manufacturer of high-end headphones with a high market reputation in the global market. However, the patentee in this case has repeatedly filed infringement lawsuits against Sony, causing a lot of trouble for Sony's product sales in the Chinese market. The Lecome litigation team represented Sony in this case against the patentee in multiple infringement actions at first and second instance. In the litigation, the team, from various angles such as technical principle, national standard test, and burden of evidence, made adequate defense and finally succeeded in convincing the court to uphold the first instance judgment, doing a perfect job.
This case also involves two invalidation proceedings against the same patent in which the litigation team represented Sony, with which the specific scope of protection claimed by the patent claims was clarified, providing a strong basis for infringement litigation and related judicial technical appraisal.
The attorneys representing Sony in this case are Ms. Wang Yushuang and Ms. Zhao Jing, and the assistant patent engineer is Mr. Gao Si. Ms. Wang Yushuang and Ms. Zhao Jing are also the attorneys representing in the two invalidation cases.
Copyright: Beijing Law Intellectual Property Agency Co., Ltd. Powered by www.300.cn 京ICP备09099344号-1
Beijing Law Intellectual Property Agency Co., Ltd.
Copyright: Beijing Law Intellectual Property Agency Co., Ltd. Powered by www.300.cn 京ICP备09099344号-1