China’s Supreme People’s Court Rules Customer Lists are not Trade Secrets

Posted on Categories Case, Unfair Competition

In decision  (2019)最高法民再268号 dated December 16, 2019 and just recently published,  the Supreme People’s Court of China (SPC) held that customer lists are not trade secrets even with signed confidentiality agreements. One of the defendants, former employees of the plaintiff, Huayang Xinxing Technology (Tianjin) Group Co., Ltd. , left Huayang to start Mai Da Keer (Tianjin) Technology Co., Ltd. after almost 20 years at Huayang. With their departure, the defendants took a customer list containing 43 customers’ data including the …

The China National Intellectual Property Administration Announces Top 10 Patent Invalidation Cases of 2019

Posted on Categories Case, Patents

The China National Intellectual Property Administration (CNIPA) has announced the top 10 patent invalidation and reexamination cases of 2019.  Technologies include pharmaceuticals, light emitting diodes (LEDs), software and other technologies. While none of the petitioners were foreign, several of the patentees were foreign and their patents all survived invalidation.

China Issues Ruling in First 5G Criminal Intellectual Property Law Case

Posted on Categories Case, Unfair Competition

The People’s Court of Nanshan District of Shenzhen recently issued a ruling believed to be the first 5G criminal intellectual property law case in China.   5G is the fifth generation technology standard for cellular networks, which cellular phone companies began deploying worldwide in 2019, the planned successor to the 4G networks which provide connectivity to most current cellphones.  The Court held defendants Huang Mouyu and Wang Mou guilty of trade secret theft and sentenced them to three years in jail and a 150,000 RMB fine.  The …

Netac Wins Patent Infringement Case Against Micron for USB Drives

Posted on Categories Case, Patents

In a judgment dated April 26, 2020, the Beijing Intellectual Property Court ruled in favor of Netac Technology Co Ltd. against Micron Consumer Products Group, Inc. for patent infringement of CN1088218C.  However, damages were only 500,000 RMB (about $70,500 USD) and no injunction was awarded as the patent expired.  This contrasts with the recent ruling of 40 million RMB made in favor of Gree. The case # is (2017)京73民初323号 .