China’s Supreme People’s Court (SPC) ruled in decision dated November 3, 2021 in favor of Johnson & Johnson Medical Devices Companies’ subsidiary DePuy Synthes in a patent infringement case upping damages twenty times on appeal. In the court of first instance, Synthes was awarded statutory damages of 1 million RMB for infringement by Double Medical (大博医疗科技股份有限公司) of patent number ZL03827088.9. On appeal to the SPC, the SPC increased the damages to 20 million RMB based on evidence provided by Synthes, …
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
China’s Supreme People’s Court Rules Unintentional Short Payment of Annuity Fee Causes Termination of Patent Rights
In case no（2021）最高法知行终322号 recently highlighted by China’s Supreme People’s Court on November 2, 2021, the Court ruled that an unintentional short payment of a patent annuity caused termination of the patent. A patentee received a “Patent Termination Notice” issued by the China National Intellectual Property Administration (CNIPA) and sued CNIPA at the Beijing Intellectual Property Court, claiming that it had paid the annuity of 600 RMB, and the CNIPA nonetheless terminated its patent right. However, the 600 RMB was insufficient …
China Sentences Shoe Polish Counterfeiters to Up To 3 Years in Prison in Criminal Trademark Case
According to an announcement from the Shanghai Pudong New Area People’s Court on October 28, 2021, Judges Wu Zhiyong, head of the Intellectual Property Tribunal of Shanghai Pudong New Area People’s Court and Judges Ni Hongxia and Wang Xiao conducted a public trial resulting in the sentencing of defendant Ding and four others to imprisonment ranging from one year seven month to three years for the crime of counterfeiting registered trademarks for KIWI shoe polish. The Court also fined the …
Chinese Patent Office Closure Dates – 2022
China’s State Council has released the official holiday schedule for 2022. The China National Intellectual Property Administration (CNIPA) will be closed on official holidays but open on the weekend workdays indicated below. Patent deadlines are postponed to the next following non-weekend workday. 1. New Year’s Day: January 1st to 3rd, 2022 – CNIPA will be closed for a total of 3 days. 2. Spring Festival (Chinese New Year): January 31st to February 6th, the holiday is extended for a total …