Glad Tidings: WEIPR Represented and Won an Invention Patent Right Infringement Case, Dismissing All the Claims of Plaintiff

Release Time：2024-09-06 08:56Author：Views：388

Case Brief

Entrusted by the client, WEIPR acted as the agent in a case of infringement of invention patent rights. The agent team collected relevant evidence for the case, actively presented evidence and defended our client, and finally succeeded in the lawsuit through continuous efforts, rejecting all the claims of the plaintiff.

Focal Points of the Case

I. Whether the alleged infringement is established;

II. Whether the alleged infringing technical solution falls within the scope of protection of the patent involved in the case;

III. If the infringement is established, how the two defendants should bear the liability for infringement, and whether the legitimate source defense raised by the second defendant is tenable.

Grounds for Victory

Given that the alleged infringing technical solution does not fall within the scope of protection of the patent rights involved in the case, the plaintiff’s claim that the two defendants have infringed upon his/her rights lacks factual and legal basis, and plaintiff’s request should be rejected. There is no need to elaborate further on the defense of legal source.

Result of Judgement

In accordance with Paragraph 1 of Article 64 of the Patent Law of the People's Republic of China, Article 1 and Article 7 of the Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Disputes over Infringement of Patent Rights, and Paragraph 1 of Article 67 of the Civil Procedure Law of the People's Republic of China, the judgment is as follows: Reject all claims of the plaintiff.

Conclusion

This victory greatly affirmed WEIPR’s outstanding ability in handling complex litigation cases in the field of intellectual property. During the defense process, we focused on the collection and collation of evidence, spoke with facts and evidence, and convinced people with reason. Moreover, from the perspective of safeguarding the interests of clients, we can flexibly formulate rights protection strategies to escort the interests of clients.

Previous：WEIPR Helps the Growth of PCT Patent Application in Wuhan Economic and Technological Development Zone, Escorting the Overseas Layout of Automobile Enterprises

Next：Meet WEIPR at the 2024 AIPPI World Congress

Return to List