CPA Wins Patent Infringement Case for European Client

Recently, China Patent Agent (H.K.) Ltd. (CPA) successfully represented a European patentee (the plaintiff) in the second instance of a patent infringement dispute case, resulting in the favourable outcome of upholding the first-instance decision by the Intellectual Property Court of the Supreme People of China, which ordered the domestic enterprise concerned to immediately stop the infringing act, and fully supported the damages of RMB5 million claimed by our side.

The patent of the case relates to a large machine. Encountering the key challenge of evidence collection, our attorneys approached the case by focusing on evidence that the infringing products fall into the protection scope defined by the claims of the subject patent. As regards compensation determination, to overcome the difficulty in establishing the actual sales volume of the infringing products, our colleagues supported the actual loss claimed by client from multiple dimensions, including duration of infringement, loss of trading opportunities, prices of the patented products and the infringing products and the gap between the two, technological contribution of the subject patent, and market share of the plaintiff. Our strategies and efforts eventually contributed to client's monetary claim for the maximum statutory compensation being granted by both the first and second-instance courts.

Celebrating its 40th anniversary last year, CPA is one of the largest IP agencies in China housing about 230 patent attorneys, 40 trademark attorneys and 20 litigators, providing both domestic and foreign clients with comprehensive, one-stop, efficient, and high-quality IP legal services, among them prosecution, litigation, mediation, licensing, assignment, and consulting, in the areas of patent, trademark, copyright, domain name, and anti-unfair competition. In recent years, in addition to maintaining its leading position in the number of patent and trademark applications in China handled on behalf of foreign applicants, our firm has also been actively expanding its service to help domestic applicants with their patent and trademark applications overseas. In the days ahead, we will continue to provide more diverse and even better service to assist our domestic and foreign clients in deepening the protection of their intellectual property rights.