CPA Wins Appeal for Japanese Client in Patent Invalidation Administrative Case
China Patent Agent (H.K.) Ltd. (CPA) recently won the second-instance trial of a patent dispute case, thereby assisting a Japanese client to get a revocation of the invalidation decision and court ruling that pose a threat to its patent rights.
The case relates to a patent for the invention of "ladder sleeper and railway track" (No. 95104533.4), in respect of which a third party filed on 1 March 2011 with the Patent Reexamination Board (PRB) a request for invalidation. PRB's reexamination resulted in the patent being declared invalid in entirety on 3 November 2011 on the ground of lack of inventiveness. In early 2012, CPA was entrusted by the client to bring an administrative action against the invalidation decision. The appeal, however, was not supported in the first-instance trial by Beijing First Intermediate Court.
In spite of the ruling, CPA's attorneys committed persistently to fighting for the rights of the client and lodged a further appeal to Beijing Higher People's Court. CPA attorneys argued with well-devised strategy and solid evidence the case before the court, pointing out in particular the faults in the invalidation decision. The court in trial was convinced and determined that crucial distinguishing features were missing, thus leading to factual flaw and erroneous application of law, in the invalidation decision of No. 17511 and the previous ruling.
Accordingly, the invalidation decision and the first-instance ruling of the case were revoked. CPA attorneys' impressive performances, which stemmed from strong expertise and rich experience in court practice, were much appreciated and highly regarded by the client.
