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 world leader in textile air cargo restraint. A Chinese company sent warning letters to our client's customers to allege that our client infringed its utility model patent, which caused our client's customers confusion. When the client came to us for a solution, we suggested our client to file a request to the Patent Reexamination Board to declare this utility model patent invalid. In the invalidation case, through detailed grounds in paper and arguments in hearing, we represented our client to provide persuasive arguments, strong evidence and technical statements. The Panel of the Board upon examination basically accepted our opinions and then determined to declare all claims of Utility Model Patent No. 03221169.4 invalid. The previous patentee of the utility model patent then filed the patent administrative suit to Beijing First Intermediate Court, requesting to reverse the Board's decision. We represented our client in this patent administrative suit. 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 previous patentee next appealed to Beijing Higher Court. We represented our client in this appellate suit. Beijing Higher Court, after hearing, made the final judgment, affirming Beijing First Intermediate Court's judgment. It took about one year for this administrative appellate case.
Attorney's comments:
With respect to the administrative appellate suits, clients as third parties in administrative suits could act actively by providing persuasive grounds and evidence together with the statement on technical points when necessary, to prove that the trial court's judgments are correct, and point out the errors in the other parties' opinions. This is very important for wining administrative suits.
