Guide: All-round response to IP litigation using announcement of invalidation and defense of non-infringement

 

Brief: In these two cases, K Company, the plaintiff, is a well-known enterprise in LED screen production industry while L Company, the defendant, is an expanding start-up company in the same industry. K Company consecutively filed two cases of invention patent infringement litigation against L Company. We represented L Company to respond to the lawsuit. In the first case, we pointed out the mistakes in the multiple evidences including expert opinions provided by the plaintiff in trial, urging the court to determine that expert opinions should be provided again and designated an accreditation body by law for expert testimony. In the technical illusion for the accreditation body, we provided sufficient explanation of non-infringement. At last, the accreditation body gave expert testimony of non-infringement. Meanwhile, with two requests for invalidation filed respectively by we and the involved party, the involved patent of the plaintiff was invalidated. Thus, the case was dismissed.

 

Regarding the second case, we analyzed the involved patent before trial and observed the accused infringement product on site in L Company. On such basis, we held that there was no infringement, and thus, there was no need to file a request of invalidation with regard to the involved patent. We directly made a defense of non-infringement at court. The court, after comparing the accused infringement product with the involved patent, agreed with us. The plaintiff had to withdraw the lawsuit. Thus, we helped L Company to break the attempt of K Company to hindering the development of L Company through IP litigation.