HTC Wins 6.5 Million RMB and Injunction against Chinese Patent Infringers

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Hongda International Electronics Co., Ltd. (aka HTC) recently received a favorable court verdict against Zhuhai Meizu Technology Co., Ltd. and Shenzhen Jinli (Gionee) Communication Equipment Co., Ltd. for patent infringement of CN103811863B.  The Beijing Court of Intellectual Property awarded HTC 6.5 million RMB (about $940,000) and an injunction based on sales of the Meilan Note5 mobile phone and the M6 mobile phone.  The patent claims a mobile phone with metal casing and antenna design that overcomes attenuation caused by the metal casing.

FIG. 1 of US Patent No. 10516202B2 (family member of CN103811863B)

The Beijing Intellectual Property Court held that some of the data provided by HTC to prove damages were extrapolated, and the profit margin and contribution of the patented technology to sales also lacked sufficient evidence to support it.  Nonetheless, damages clearly exceeded 1 million RMB maximum statutory damages as provided by Article 65 of the Patent Law. The Beijing Intellectual Property Court that Meizu was liable for 3 million RMB and Jinli for 2.6 million RMB. Jinli must also pay 400,000 RMB for provisional damages (for the time of publication of the application to patent grant per Article 68 of the Patent Law).  Finally, an additional 500,000 RMB was awarded for legal fees.  Most importantly, the Court issued injunctions against the defendants.

 

Author: Aaron Wininger

Aaron Wininger is a Senior Attorney and Director of China Intellectual Property at Schwegman Lundberg & Woessner.

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Author: Aaron Wininger

Aaron Wininger is a Senior Attorney and Director of China Intellectual Property at Schwegman Lundberg & Woessner.