My IP Law360 response: why China is a good place for NPEs

My IP Law360 Article is Online

My response to the recent IP Law360 article by Xiaomi's Jackie Wong is now online.  In my rebuttal article on IP Law360, I explain the following:  

1. ​Damages are increasing in China, such as the recent $7.2M award in a small domestic v. domestic patent case;
2. Injunctions are the magic of China, as they are virtually guaranteed;
3. #2 creates tremendous leverage because of not just the huge sales market in China, but the huge manufacturing market, which creates a worldwide injunction;
4. There is a difference between preliminary injunctions (including interlocutory or in-case injunctions) and final injunctions;
5. NPEs are treated no differently than any other patentee in China, including regarding injunctions;
6. Foreign plaintiffs win more frequently than Chinese plaintiffs;
7. There is no need for NPEs to establish an affiliate on the ground in China to purchase or assert patents here;
8. Why Chinese patent litigation is advantageous for all plaintiffs, including NPEs;
9. How NPEs can help China; and
10. How China can help NPEs. 

Let me know what you think of the article!  Email me at erick@ChinaPatentBlog.com or contact me on LinkedIn!

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