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Longan Won Invalidation Case

Author:Longan Law FirmAddtime:2018-01-30 14:21:53Font size:SmallMediumBig

 Recently, SIPO issued a decision on invalidation request against an invention patent (patent no. ZL201110078648.7) of Beijing Wanji Technology Co., Ltd (hereinafter referred to as Wanji). This invalidation request was initiated by Longan Law Firm on behalf of Liaoning Intelly Electronic Information Co., Ltd. (hereinafter referred to as Intelly). On this decision it was declared that all the patent rights concerned were invalidated.
These patents involved weigh-in-motion technology applied in toll stations of weighing and billing, such as ports and highways, and both Wanji and Intelly were well-known manufacturers in this field of technology. In May, 2017, Wanji charged Intelly with infringement upon the former’s invention patent (patent no. ZL201110078648.7) and requested Shenyang Intermediate Court that a series measures be taken including evidence preservation and property preservation. Intelly was largely impacted as a result.
With entrustment from Intelly, Longan’s two senior partners, Ms. Cindy Xianzhi Quan and Mr. Hui Liu made a solid counteraction to the charge. A special team, including Mr. Jinajun Fu, Mr. Hui Liu, Mr. Xiaojun Zheng, Mr. Ning Wang and Mr. Junshun Liu, was formed to address this matter.
On one hand, by a comparison between the infringing products and the patent at issue, Longan’s lawyers found that there were relatively large differences between the two. Accordingly, these lawyers took active role in communicating with the court and persuaded it to change the property preservation, so that the impact on Intelly’s production and operation could be weakened. On the other hand, they carried out the invalidation search analysis of the patent at issue and filed an invalidation request with the Patent Reexamination Board on the ground that it lacked sufficient disclosure, necessary technology features and creativity.

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