Patent Reexamination Board under the State Intellectual Property Office of China recently, with respect to our client's invention patent invalidation case represented by our firm, issued the decision in favor of our client, declaring all claims of Invention Patent No. 200610061713.4 with title "tetrabenzyl voglibose crystal and preparing process" invalid. Thus our client won this invalidation case and all claims of this patent are successfully invalidated.
Brief information about the case:
Our client is a high-tech enterprise specializing in drug discovery and development. A Chinese company instituted a civil lawsuit against our client for patent infringement in an intermediate court. Our client submitted to the Patent Reexamination Board a request to declare this invention patent invalid. In this invalidation case, through detailed grounds in paper and arguments in hearing, we represented our client to provide persuasive arguments, strong evidences and technical statements. The Panel of the Board upon examination determined to declare all claims of Invention Patent No. 200610061713.4 with title "tetrabenzyl voglibose crystal and preparing process" invalid. This invalidation case took more than four months. After the Board issued the above decision, the Chinese company withdrawn the civil lawsuit against our client for patent infringement, and the intermediate court ruled to permit such withdrawal.
Attorney's comments:
With respect to a patent infringement lawsuit, a defendant should move actively, such as evaluating the validity of the patent and filing a request for declaring the patent invalid. In a patent invalidation case, the petitioner should prepare sufficient and solid evidences and strong grounds, and detailed statement for technical points when necessary, in order to assist the panel to understand the technical points and our grounds.
