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 all claims of Invention Patent No. 200610061713.4 invalid. Thus our client won this administrative 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 an intermediate court. Our client submitted a request to the Patent Reexamination Board 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 basically accepted our opinions and 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 did then file 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, 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 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 four months for the trial of this administrative suit.
Attorney's comments:
With respect to the Board's decision on declaring the patent invalid, the client as a third party in the administrative suit should act actively by providing persuasive grounds and evidence 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 very important for wining the administrative suit.
