Affected by the characteristics of network communication, method patents in this technical field usually relate to multiple parties. For example, multiple devices interconnect by means of the interactions among the respective parties. Regarding to the network communication method patents, a situation exists that multiple parties may implement different technical features of one patent claim separately, […]
Does Sportscasting Qualify as a “Work” Under Chinese Copyright Law?
Case No.: (2015)京知民终字第1055号, Darts-ip Ref.: darts-900-712-E-zh On March 30, 2018, the Beijing Intellectual Property Court made a final judgement on the copyright infringement dispute between CCTV International Network Co., Ltd. (hereinafter referred as “CCTV”) and Baofeng Group Co., Ltd. (hereinafter referred as “Baofeng”). The court found Baofeng infringed CCTV’s copyright and ruled in favor of […]
Application of The Prosecution History Estoppel in Determination of Equivalent Infringement
Ref.:(2018)最高法民再387号,Darts-ip Ref.：darts-419-468-G-zh Both the doctrine of equivalents[1] and prosecution history estoppel[2] play important roles in the determination of patent infringement. The prosecution history estoppel has a priority when there is a conflict between the applications of these two principles, because prosecution history estoppel is one of the factors that limit the application of the doctrine […]
A Chinese Ruling on Damages Awarded for Patent Infringement – Exceeding Statutory Compensation Ceiling
In April 2018, the Beijing Intellectual Property Court made a decision on the damage compensation of a patent infringement litigation case. (Ref.:(2015)京知民初字第2453号,Darts-ip Ref.：darts-798-685-F-zh). The court ruled in favour of a damage compensation exceeding the statutory compensation ceiling – 1 million RMB, on the basis that it was difficult to calculate the plaintiff’s losses, the defendant’s […]
Dispute on FRAND terms in SEP Litigation in China
In SEP litigation, a key point in deciding whether the injunction remedy is legitimate or not is which party should take liability when license negotiation cannot be reached. To solve this issue, judges need to decide if the violation of FRAND principle of the SEP owner causes the negotiation breakdown. This article researches the tendency […]
Top Recent IT and Electronics Cases in China
Top Recent IT and Electronics Cases in China With the development of computer and electronics technology, patent infringement cases in this field are showing a growing trend. This article collected the typical cases of patent infringement in the field of IT and electronics in the past two years for your reference. 1. Shenzhen Incoming […]
