Today IAM Magazine listed my client’s recent settlement with Xiaomi as one of the top ten IP events of 2019! The settlement involved high seven figures (in USD).
My firm and I filed six patent lawsuits in the Nanjing Intermediate Court for Advanced Codec Technologies’ (“ACT”) against Xiaomi in early 2019. At issue were six standard-essential video compression patents.
Why Is This Case Important?
1. As IAM points out, this is important because ACT is a Non-Practicing Entity (“NPE”). Given recent “the sky is falling” nonsense from the Big Infringement lobby, this is a big deal (but is fully indicative of the litigation market for NPEs and operating companies in China right now).
2. The patent owner is an American company litigating against a powerful Chinese company during the middle of the trade war between the US and China.
3. The patents were standard-essential patents, which typically are more complex to litigate and require more time both pre- and post-filing in China (as well as worldwide).
4. All six patents are nearing their expiration date, which means that there was no threat of an injunction — this was about money damages only.
5. This is one of the largest patent litigation settlements in the history of China, and certainly the highest for an NPE.
This result says great things about the Chinese patent enforcement system, which over the past few years has emerged as a top patent litigation forum. Also working with me on the case from Dunlap, Bennett & Ludwig were partner Dragon Wang, senior associates Bing Wu and Tianqi Yu, and associates Yannan Li and Ada Liu.
If anyone has any questions or would like to discuss the case, please email me at firstname.lastname@example.org.
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.