King & Wood Mallesons

Asia-Pacific 100 position: 2

Appeal of infringement dispute of patent for invention on one of the 2012 Top 50 Typical Cases of Intellectual Property Protection in Chinese Courts

In April 2013, the Supreme People’s Court of the People’s Republic of China (PRC) released the 2012 Top 50 Typical Cases of Intellectual Property Protection in Chinese Courts (Fa Ban [2013] No. 44) as a referential document for fair and efficient adjudications for the People’s Courts. The document included an appeal case regarding a patent for invention infringement dispute (Case Number: [2012] Su Zhi Min Zhong Zi No. 0021), which was represented by the intellectual-property litigation group of King & Wood Mallesons.

The plaintiff, Harbin Industrial University Xinghe Industrial Co, filed its invention patent application entitled ‘Production and apparatus of a steel strip-reinforced plastic pipeline’ with the State Intellectual Property Office (SIPO) of the PRC, which granted the patent on 4 April 2007 (Patent No. ZL200510082911.4). The patent has three independent claims, covering the following subject matters respectively: (1) pipe product; (2) manufacturing method of the pipe; and (3) manufacturing apparatus of the pipe.

The defendant, Jiang Su Runde Pipe Industry Co, was established in September 2009, producing and selling steel stripe-reinforced plastic pipelines and its instalments…

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