Higher People's Court of Beijing recently, with respect to our client's administrative appellate suit represented by our firm, issued the decision in favor of our client, affirming the judgment of Beijing First Intermediate Court. Thus our client won this administrative appellate suit.
Brief information about the case:
Our client is a high-tech enterprise specializing in drug discovery and development. A Chinese company instituted a civil suit against our client for patent infringement in a local intermediate court. Our client submitted to the Patent Reexamination Board a request to declare this invention patent invalid, in which we represented the client to provide written opinions and oral arguments in hearing before the Board. The Board then determined to declare all claims of Invention Patent No. 200610061713.4 invalid. Although after the Board issued the above decision the Chinese company voluntarily dismissed the civil suit against our client for patent infringement, this Chinese company then filed the patent administrative suit, requesting Beijing First Intermediate Court to reverse the Board's decision. We represented our client to provide persuasive grounds with detailed analysis, technical points and evidence 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 points. 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. The Chinese company next appealed to Beijing Higher Court. We represented our client to further provide our opinions and analysis to prove that Beijing First Intermediate Court's judgment is correct in fact finding and application of laws, with statement on special technical issues and evidence, and point out the errors in the appellate party's opinions. Beijing Higher Court, after hearing, made the final judgment, affirming Beijing First Intermediate Court's judgment. It took about ten months for this administrative appellate case.
Attorney's comments:
With respect to the administrative appellate suit, the client as a third party should act actively by providing persuasive opinions and analysis to prove that the trial court's judgment is correct in fact finding and application of laws, together with the statement on technical issues when necessary, and rebut the appellate party's opinions, in order to let the appellate court understand our patent and technical points and the errors in the appellate party's opinions. This is very important for wining the administrative appellate suit.
