 This will be a short post, as I just wanted to point out that the Supreme People’s Court very recently granted InterDigital’s petition for a retrial in a case involving royalties to be paid by Huawei. The high court’s ruling overturns a decision by the Guangdong Province High Court decision that certain InterDigital Chinese patents should not exceed 0.019 percent of the actual sales price of each Huawei product.
I will try to get the raw data shortly, but the English-language report saying this is here: https://news.bloomberglaw.com/ip-law/interdigital-granted-huawei-patent-case-retrial-by-china-spc This is a big deal, as it will make it nearly impossible for Chinese and other companies to cite IDC v. Huawei for the purpose of supporting a 0.02% royalty rate. Indeed, Chinese damages law is quickly evolving to catch up with the rest of the progressive patent law and procedure we continue to see coming out of China. This is great news for innovation, for China, and for the innovators worldwide. Because not everyone can read Chinese, here are downloadable PDF copies of the bilingual versions of both orders from the Fuzhou court regarding the injunction against Apple requested by Qualcomm:
Note that in China, each patent requires a different "case." Here, because there are two patents, there are two separate orders: one for Patent No. ZL201310491586.1 and one for ZL200480042119.X. I encourage you to read both orders, although they are largely the same.
Interesting facts from these documents:
Official Announcement: I have joined Dunlap, Bennett & Ludwig as Partner in Beijing and Houston!12/11/2018  I have officially joined the U.S. law firm of Dunlap, Bennett & Ludwig (DBL) as a Partner. DBL is a leading full-practice law firm with offices in 17 cities in the United States, China, Europe, Canada, and Puerto Rico. I will also be working with IntellStrategy, a Chinese patent agency. IntellStrategy is closely affiliated with, but separate from, DBL. The DBL-IntellStrategy alliance allows our team in North America, Europe, and China to achieve goals for our clients that other law firms, patent agencies, and consultancies cannot. For example, unlike many international firms which "cannot assist clients with Chinese IP law," IntellStrategy can directly represent Chinese and international clients in China's courts and before the Chinese patent office and Patent Reexamination Board.
I will continue to split my time between Beijing and Houston. One of the biggest advantages is that I can represent clients in both the U.S. and China now! I am still technically a consultant in China because I am not Chinese and cannot be admitted to the Chinese bar (but thanks to IntellStrategy, my colleagues can!). However, I will continue to manage all types of IP issues in China, focusing on patent licensing and litigation. Further, I can use my Texas and New York bar cards again! I love my Chinese practice, but I miss arguing in court, taking deposition, and even (gulp!) managing discovery! Also, because DBL has an office in Europe, I can help companies enforce their patents simultaneously in the most important patent courts in the world. Joining me in my move will be my entire Chinese team, including patent litigation superstar, Dragon Wang. In case you are wondering, my short stint at my prior firm did not work out for reasons mostly related to conflicts. It is what it is, and I am very excited to work with my new colleagues!  The Fuzhou Intermediate People’s Court in China has granted Qualcomm's request for two preliminary injunctions against four Chinese subsidiaries of Apple Inc. The affected Apple products are the iPhone 6S, iPhone 6S Plus, iPhone 7, iPhone 7 Plus, iPhone 8, iPhone 8 Plus and iPhone X.
The patents at issue enable users to adjust and reformat the size and appearance of photographs, and to manage applications using a touch screen when viewing, navigating and dismissing applications on their phones. I have not seen the order, but Apple is saying that the injunction only includes older versions of iOS. This is a developing issue and I will provide information as I receive it. What is clear, though, is that because this is a preliminary injunction, the injunction should NOT be stayed pending appeal. Also, there may be some political issues at play because whereas Qualcomm has paid its dues in China, Apple has never been a friend of China. One need only consider that Qualcomm is a supplier to some of the most important companies in China, whereas Apple is a competitor to those same companies. FYI: Here is a good article on some of the details as they are known to Reuters. Stay tuned - this one is big and could get bigger. I need to go now because I have to go file a bunch of cases in Fuzhou! |
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.
AuthorErick 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.
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Disclaimer: 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. |
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