The First Intermediate People's Court of Beijing recently, with respect to our client's patent administrative suit represented by our firm, issued the decision in favor of our client, affirming the decision of the Patent Reexamination Board on declaring most claims of Invention Patent No. 200410046807.5 invalid. Thus our client won this administrative suit.
Brief information about the case:
Our client submitted a request to the Patent Reexamination Board to declare a Chinese company's invention patent invalid, in which we represented the client to provide written opinions and oral arguments in hearing before the Board. The Board basically accepted our opinions and then determined to declare most claims of Invention Patent No. 200410046807.5 invalid. This Chinese company then filed the patent administrative suit to Beijing First Intermediate Court, requesting to reverse the Board's decision. We represented our client to provide our persuasive grounds with detailed analysis and technical points to prove that the Board's decision is correct in fact finding and application of laws, and to point out the errors in the Chinese company's opinions in the complaint. Beijing First Intermediate Court, after trial, affirmed the Board's decision and determined that the Board's decision is correct in fact finding and application of laws. It took about eight months for the trial of this administrative suit.
Attorney's comments:
In an administrative suit with respect to the Patent Reexamination Board's decision on declaring all or most claims of a paten invalid, the client as a third party should act actively by providing persuasive grounds and detailed analysis to prove that the Board's decision is correct, together with the statement on technical points when necessary, and point out the errors in the other party's opinions. This is important for wining the administrative suit.
