Erick Robinson's China Patent Blog
Erick Robinson's China Patent Blog
  • Blog
  • Contact
  • Blog
  • Contact

Bilingual (English-Chinese) Version of Apple Injunction Order in Both Qualcomm Cases from Fuzhou Intermediate People's Court

12/11/2018

0 Comments

 
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:
Picture
Order No. 1208
Picture
Order No. 1209
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:
  1. Qualcomm provided an injunction bond of RMB 300,000,000 (US $43,481,553).  
  2. Claims 1 and 17 of the '586 patent and claims 1 and 7 of the '119 patent were found infringed.
  3. The claim language in English is provided in the orders.
  4. For the '586 patent, Qualcomm did not accuse products manufactured by Pegatron Corporation and for the 119 patent, Qualcomm did not accuse products manufactured by Pegatron Corporation and Compal Electronics Inc.
  5. The order in both cases is effective immediately and until remains effective until the judgment of each case comes into effect (i.e., after trial). 
  6. Apple may apply for reconsideration once within 10 days after receiving the order, but the enforcement of the order will not be suspended during the period of reconsideration.
  7. Both orders state that the four defendants (Apple Computer Trading, Apple Beijing, Apple Shanghai and Apple Fuzhou) are likely to infringe patent rights or aid the infringement and that the Court holds that the accused acts exist actually and continuously, and the trial of this case will last a certain period until the final judgment is rendered. Further, during this period, Qualcomm is likely to suffer irreparable losses due to the accused acts of Apple Computer Trading, Apple Beijing, Apple Shanghai, and Apple Fuzhou.
  8. Qualcomm is represented by LexField Law Offices and local counsel, Fuzhou Zhanhui Patent Office.
  9. Apple is represented by Fangda. 
0 Comments



Leave a Reply.

    Picture
    Picture
    Follow @RobinsonErick

    Subscribe to the China Patent Blog by Email
    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.  

    Author

    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.

    Picture
    View my profile on LinkedIn

    Categories

    All
    5-year Plan
    Amendments
    Articles
    China
    China Patent Law
    China Supreme People's Court
    Chinese Antitrust Law
    Chinese Patents
    CNIPA
    Damages
    Foreign Patentees
    Government
    Huawei
    Intel
    Interdigital
    Other Blogs
    Qualcomm
    Royalties
    Semiconductor
    SEPs
    SIPO

    Archives

    February 2021
    January 2021
    December 2020
    September 2020
    May 2020
    December 2019
    November 2019
    October 2019
    July 2019
    May 2019
    March 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    July 2018
    June 2018
    May 2018
    November 2017
    October 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    July 2016
    June 2016
    April 2016
    March 2016
    February 2016
    December 2015
    November 2015



    ​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.

    RSS Feed