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Newsletter 201711 36 DEC. 2016 39 Nov. 2017 News The firm assisted a client in winning a patent infringement case on the doctrine of equivalents……………..………..2 Qualcomm sued Apple for patent infringement by iPhone.............................................................................2 McDonald’s (China): the name of the restaurant is not changed……………..………………………………………2 62% of Samsung’s patents being announced invalid in the patent war between Huawei and Samsung…………..…2 Win-win or no-win: JDB and Wang laoji share the usage of red can packaging…………………………………….…3 The exports of the intellectual property royalty of China increased by 489.4% for the first 7 months………….…..4 Articles Action plan on protection of IPRs of foreign-invested enterprises…………………………………………….…….5 Patent infringement in China: finding the source……….8 The ins and outs of reconsideration……………………..10 New development of patent infringement compensation in China………………………………………………….…….12 Introduction to the administrative regulations of prioritized patent examination………………………………………..15 Administrative litigation on review of opposition to trademark “雄豹狼 & DEVICE”……………………..……19 Brief analysis on the judicial data (trademark section) of Beijing IP Court in 2016……………………………..……21 Nov. 2017 Editorial Nov. 2017 News From the editor News In earlier September, twelve state ministries and commissions including SIPO jointly issued an action plan, in order to implement the Notice on a Number of Measures on the Promotion of Foreign Investment Growth issued by the State Council. This action plan requires the twelve state ministries and commissions to take specific actions against illegal acts on intellectual The firm assisted a client in winning a patent Qualcomm for overcharging phone chip royalties and property rights of foreign-invested enterprises, and protect the legitimate rights and interests of foreign-invested enterprises. infringement case on the doctrine of withheld the contract value of nearly 1 billion dollars to We reported the details of the action plan in this issue. equivalents Qualcomm. In responding to Apple’s action, Qualcomm initiated ITC investigation against Apple. At the patent side, we updated the development of patent infringement compensation in China and introduced in detail in Recently, we assisted one of our clients in winning a case in what circumstances may an accused infringer not pay compensation to the right holder or may an accused infringer continue a patent infringement litigation over a patent for invention. McDonald’s (China): the name of the restaurant exploiting the claimed invention. Further, we probed into the administrative reconsideration before SIPO, which is less used by is not changed applicants in asserting their rights yet sometimes is useful for applicants, as well as the contents of the administrative The case is related to a kind of seat for bicycles. At issue regulations of prioritized patent examination. before the court are the claim construction, According to the National Enterprise Credit Information the determination of infringement on the doctrine of Publicity System, McDonald's (China) Co., Ltd. had changed At the trademark side, we examined the administrative litigation on review of opposition to trademark “ & DEVICE” over 雄豹狼 equivalents and the calculation of damages, which its name in China to one that reflects the chain’s main logo: “puma” trademark and gave a brief analysis on the judicial data of Beijing IP Court in 2016 in the trademark part. became most critical and difficult for successfully finding “Golden Arches (China) Co. Ltd.”. McDonald’s said that the infringement and getting compensation. A team of attorneys daily business of McDonald’s in China will not be influenced with extensive experience made reasonable arguments and and “the name, the food safety standard and the operation Xiaojun statements in detail and sufficiently in accordance with process of the restaurant will remain the same as usual”. the relevant laws and judicial interpretations, and expounded McDonald’s insider pointed out that the new Chinese name the application of the doctrine of equivalents finding that the of McDonald’s (China) is from the literal translation of accused product fell into the scope of the patent. In addition, “Golden Arch” as each restaurant of McDonald’s has a our attorneys collected favorable evidence for identifying yellow arched construction “M” being called the golden arch. and supporting the calculation of damages. After two court According to the business information data, the name of hearings and submission of written opinions, the efforts of McDonald’s (China)’s investor has been changed from the team yielded fruitful results: the infringing act is ordered McDonald's (China) management Co., Ltd. to Golden to stop and a relatively high compensation is awarded within Arches (China) management Co., Ltd. as early as August 24, the statutory range. 2017. On October 12, the company changed its name to Qualcomm sued Apple for patent infringement Golden Arches (China) Co., Ltd. Before that, McDonald’s by iPhone once announced that it will continue the usage of the expression “New McDonald’s” after the settlement of the Qualcomm Incorporated recently announced that it had filed strategic cooperative delivery with CITIC Ltd. and Carlyle lawsuits with Beijing Intellectual Property Court against Apple Group. for infringement of its patents granted in the past few months, seeking to ban the unlawful manufacture and sale of Most of the branch companies of McDonald's (China) have iPhones in China by Apple. “Apple employs technologies changed their names but there are still some exceptions, such as Shanghai McDonald's catering food co., Ltd. and invented by Qualcomm without paying for them”, said the Wuhan McDonald's catering food Co., LTD, according to spokesman of Qualcomm to Bloomberg News. Qualcomm the National Enterprise Credit Information Publicity System. revealed that the lawsuits are based on three non-standard essential patents covering power management and touch- 62% of Samsung’s patents being announced screen technologies. Apple said they attaches great invalid in the patent war between Huawei and attention to innovation and are willing to pay reasonable and Samsung fair fees for those patented technologies they intend to use. “In our many years of negotiations with Qualcomm, these Recently, new progress has been made in the patent war patents involved have never been discussed”, said Apple between Huawei and Samsung beginning from last year in spokesman. The legal battle between Qualcomm and Apple China. has lasted for months from January when Apple accused On September 30, 2017, the Patent Reexamination Board p. 1 p. 1 Nov. 2017 Editorial Nov. 2017 News From the editor News In earlier September, twelve state ministries and commissions including SIPO jointly issued an action plan, in order to implement the Notice on a Number of Measures on the Promotion of Foreign Investment Growth issued by the State Council. This action plan requires the twelve state ministries and commissions to take specific actions against illegal acts on intellectual The firm assisted a client in winning a patent Qualcomm for overcharging phone chip royalties and property rights of foreign-invested enterprises, and protect the legitimate rights and interests of foreign-invested enterprises. infringement case on the doctrine of withheld the contract value of nearly 1 billion dollars to We reported the details of the action plan in this issue. equivalents Qualcomm. In responding to Apple’s action, Qualcomm initiated ITC investigation against Apple. At the patent side, we updated the development of patent infringement compensation in China and introduced in detail in Recently, we assisted one of our clients in winning a case in what circumstances may an accused infringer not pay compensation to the right holder or may an accused infringer continue a patent infringement litigation over a patent for invention. McDonald’s (China): the name of the restaurant exploiting the claimed invention. Further, we probed into the administrative reconsideration before SIPO, which is less used by is not changed applicants in asserting their rights yet sometimes is useful for applicants, as well as the contents of the administrative The case is related to a kind of seat for bicycles. At issue regulations of prioritized patent examination. before the court are the claim construction, According to the National Enterprise Credit Information the determination of infringement on the doctrine of Publicity System, McDonald's (China) Co., Ltd. had changed At the trademark side, we examined the administrative litigation on review of opposition to trademark “ & DEVICE” over 雄豹狼 equivalents and the calculation of damages, which its name in China to one that reflects the chain’s main logo: “puma” trademark and gave a brief analysis on the judicial data of Beijing IP Court in 2016 in the trademark part. became most critical and difficult for successfully finding “Golden Arches (China) Co. Ltd.”. McDonald’s said that the infringement and getting compensation. A team of attorneys daily business of McDonald’s in China will not be influenced with extensive experience made reasonable arguments and and “the name, the food safety standard and the operation Xiaojun statements in detail and sufficiently in accordance with process of the restaurant will remain the same as usual”. the relevant laws and judicial interpretations, and expounded McDonald’s insider pointed out that the new Chinese name the
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