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How To Obtain Effective Evidence in Chinese Patent Litigation: My Tips

9/29/2016

My latest article is now available at Managing IP. For a PDF copy, click here.

Summary:
There are many benefits to litigating in China, ranging from the vast size of the market and its key role in manufacturing many products to high win rates and low costs. But one drawback for many overseas patent owners is the lack of discovery or a similar process for obtaining evidence; this can be a significant obstacle to proving a case. Moreover, Chinese courts are known for being strict regarding what evidence is accepted. However, there are numerous varieties of evidence that are accepted in China including: documentary evidence, material evidence, witness testimony, expert conclusions and records of inquests. In many cases, notaries and private investigators have a vital role to play in obtaining and securing evidence in patent cases, and this requires careful management by the patent owner and its legal representatives.

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Let's Meet in Shanghai! I Am Here Until Saturday Sept. 10

9/4/2016

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I am in Shanghai for the week, so if anyone wants to chat about Chinese patent law and litigation, let me know!

Email me at [email protected]!

Also available on WeChat at erickrobinson and SMS/Mobile at +86 188-1132-0550.

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Links to Publications in Which I Have Written or Been Quoted On Chinese Patent Litigation and Antitrust

9/1/2016

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I have not been updating this blog as much as I want to, but I have been busy trying to complete my Chinese patent litigation text tentatively entitled, "A Guide to Patent Enforcement in China for In-House Counsel and Business Executives." For now, please see below links to articles from the last few months that I have written or in which I have been quoted. Next week, I will have a substantive posts on Standard-Essential Patents as well as my views on what will happen in Chinese patent litigation over the next year. Stay tuned!

“China’s Evolution From Manufacturing To Innovation: Erick Robinson Examines How Patents And The Anti-Monopoly Law Are Changing The Rules In China And How Companies Can Protect Themselves,” Intellectual Property Magazine, July 7, 2016.
“Global Patent Concerns for 2016: 10 Patent Industry Leaders Provide Their Insight” Legal IQ: Global Patent Congress 2016, September 2016.
“Erich Spangenberg Leads Marathon Patent Group’s ‘Transformational’ Focus On Enforcement in China,” The Patent Investor, In-Depth Patent Monetization Coverage, Vol. 31-32, August 29, 2016.
“IP Litigation in China: Foreign Companies Still Face Challenges,” The American Lawyer, Asia Edition, August 8, 2016.
“Stronger Chinese Patent Laws Also Help U.S. Companies: Chinese Courts Are Increasingly Receptive To Patent Suits, Even When They Are Lodged By Foreign Firms,” Wall Street Journal, July 20, 2016. Interviewed for article and provided data.
“Korea’s Antitrust Watchdog Hints Qualcomm Can Expect Another Near $1B Fine in Patent Probe,” Intellectual Asset Management (Globe Business Media Group), July 18, 2016.
“NPE Enforcement Thirst In China’s IP Courts May Be More Mirage Than Real Opportunity,” The Patent Investor, In-Depth Patent Monetization Coverage, Vol. 26, July 11, 2016.
“Brexit: What Asia Makes of UK's Vote to Leave EU,” Campaign, July 7, 2016.
“China's Innovators Set to Ratchet Up Patent Wars,” Thompson Reuters Breaking News, June 28, 2016. See http://www.ubs.wallst.com/ubs/mkt_story.asp?docKey=1329-L4N19G0OR-1
“Apple May Be Wise to Settle Infringement Dispute With Chinese Startup Shenzhen Baili To Ease Its Access To The Chinese Market,” The Patent Investor, Vol. 24, June 27, 2016.
“Qualcomm brings enforcement action against China’s Meizu in Beijing Intellectual Property Court,” The Patent Investor, In-Depth Patent Monetization Coverage, Vol. 24, June 27, 2016.
“WiLAN, Marathon and Others Closely Watch Apple’s Dispute With Chinese Startup Ahead Of Their Own Suits In China,” The Patent Investor, In-Depth Patent Monetization Coverage, Vol. 24, June 27, 2016.
“Qualcomm's Licensing Model Will Be “Destroyed” If It Can’t Win Key China Case, Says Its Ex-Asian Patent Director,” Intellectual Asset Management (Globe Business Media Group), June 27, 2016.
“Apple Should Settle Patent Dispute In China To Ease Access To Chinese Market”, PatentVue from EnvisionIP, June 27, 2016.
“Honeymoon Over As Apple Hit With Patent Challenge In China,” Australian Business Review, June 20, 2016
“View From the Desk of Erick Robinson, China IP Law Expert,” Licensing Economics Review, June 1, 2016.
“Apple Ordered To Stop Selling iPhone 6 in China Following Patent Dispute,” Shanghaiist, June 18, 2016.
“Apple’s Challenges In China Underlined By Patent Dispute; IPhone Patent Case Adds To Increasingly Tough Environment For Western Companies,” Wall Street Journal, June 17, 2016.
“Qualcomm Caught in Patent Wars in China,” New York Post, June 24, 2016.
“‘Dawn Raid’ Drills May Become De Rigueur as Chinese Authorities Swoop,” Financial Times, November 20, 2015.

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Welcome to the China Patent Blog by Erick Robinson. Erick Robinson's China Patent Blog discusses China's patent system and China's surprisingly effective procedures for enforcing patents. China is leading the world in growth in many areas. Patents are among them. So come along with Erick Robinson while he provides a map to the complicated and mysterious world of patents and patent litigation in China.

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Erick Robinson is an experienced American trial lawyer and U.S. patent attorney formerly based in Beijing and now based in Texas. He is a Patent Litigation Partner and Co-Chair of the Intellectual Property Practice at Spencer Fane LLP, where he manages patent litigation, licensing, and prosecution in China and the US.

How To Obtain Effective Evidence in Chinese Patent Litigation﻿: My Tips

Let's Meet in Shanghai! I Am Here Until Saturday Sept. 10

Links to Publications in Which I Have Written or Been Quoted On Chinese Patent Litigation and Antitrust

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How To Obtain Effective Evidence in Chinese Patent Litigation: My Tips