Big news that I predicted: Meizu and Qualcomm have settled their patent litigation, and Meizu has signed a 3G/4G patent license. The agreement resolves all of patent disputes between Qualcomm and Meizu in China, Germany, France, and the United States! This is good news for Qualcomm, for Meizu, and for China! Patent litigation in China works! See more at https://lnkd.in/d33EtZq
My Latest Publication: Non-practicing entities can help support innovation and tech companies in China
China is considering implementing a national appellate court dedicated to IP rights. This is the next step in making China the innovation capital of the world. When the US established the Court of Appeals for the Federal Circuit in 1982, it led to stronger patent rights and greater innovation. This is an important step for the Middle Kingdom.
See Reuters article at http://www.reuters.com/article/china-economy-ipr-idUSL1N1EC04Q.
See also http://www.ecns.cn/business/2016/12-17/238045.shtml
IAM: For US patent owners, a key element of their China strategies could be about to get much harder
Beijing IP Court Hands Down Highest Damages Order in its 2-Year History in a Patent Case: 50 Million RMB
The Beijing IP Court on December 8 awarded damages of 50,000,000 RMB ($7.2M USD) in a patent case. This included 41 million RMB in legal fees. This is one of the first cases after the new burden-shifting rules for damages. Largely due to this change, damages were not limited to statutory damages. This is the beginning of a new phase in patent damages in China.
Importantly, the court also provided attorney fees calculated based on the necessity of hiring agents, difficulty of the case, and actual contribution of the lawyers. This was the first time the Beijing IP Court, established in November 2014, recognized the above three factors as the principles to judge attorney fees.
Chen Jinchuan, deputy director of the court, said they have been enhancing IP protection by greatly increasing compensation from rights violators, especially those committing bad faith and repetitive violations, so that the cost of IP infringement will no longer be low. "The market is the best frame of reference to determine the value of IPs," he said.
The technology in suit related to USBkeys distributed by banks to customers for security. See the Chinese government's release:
Just the next step in the avalanche of high-tech patent litigation in China. And as for the question of whether or Chinese courts will actually issue an injunction against a large foreign tech company... the answer is yes. I will post more information about this case on my blog within the next few days. Normally I would be able to do so immediately but IPBC starts tomorrow here in Shanghai.
The most important quote is as follows:
IN a first-instance decision, the Intermediate People’s Court of Fuzhou is said to have ordered Tianjin Samsung Communication Technology Co to stop the production and sale of four infringing handset models, and pay damages of 10 million yuan ($1.5 million) to the plaintiff, Fujian ETIM Information & Technology Co.
See the IAM article here.
I am based in Shanghai and will be at IPBC and in town all week. Please come say hello!
If you wish to contact me, my email is firstname.lastname@example.org or email@example.com. Also, my Chinese mobile number is +86 188 1132 0550 and my US mobile number is +1 713 498 6047. I can receive calls and SMS/texts on both phones. Finally, my WeChat ID is ErickRobinson and my QR code is to the right.
I look forward to meeting everyone and discussing Chinese patents, licensing, and litigation!
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.
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.
The ideas and opinions at ChinaPatentBlog.com are my own as of the time of posting, have not been vetted with my firm or its clients, and do not necessarily represent the positions of the firm, its lawyers, or any of its clients. None of these posts is intended as legal advice and if you need a lawyer, you should hire one. Nothing in this blog creates an attorney-client relationship. If you make a comment on the post, the comment will become public and beyond your control to change or remove it.