CPA's Winning Contributory Patent Infringement Case Selected as One of the Top 10 IP Cases of Beijing Courts 2021
Recently, the Top Ten IP Protection Cases of the People's Courts in Beijing 2021 were announced. China Patent Agent (H.K.) Ltd. (CPA) is glad to report that on the list was a winning case of our firm, in which we represented a European client through to the final victory in a contributory patent infringement dispute. In the second-instance trial before the Beijing High People's Court in July 2021, our attorneys' contentions were supported, the first-instance decisions affirmed, and the opposing party's act deemed as constituting contributory infringement.
This is a typical case with the finding of contributory infringement in a patent infringement dispute. This case involves not only the analysis of technical uses, but also the judgment on the subjective intent of the contributory infringer. The case considers in combination the main function and purpose of implementation of the allegedly infringing product, holding that the exclusive element for implementing the allegedly infringing product, despite its possible application to air conditioners (other than the air purification product in suit), plays a key, indispensable role in the technical solution of the patent in suit. Consideration is given to the contributory infringer's obvious subjective intent, and ascertainment is made as to the exclusive element's lack of other "substantive non-infringing uses".
Although judicial determination is not supposed to constrain technological development, it is necessary to mind that an infringement in essence can be concealed by the name of technology neutrality. This case has reference value in providing a precedent involving the finding of "substantive non-infringing uses" in litigation.
