Xiaoi Robot Seeks Preliminary Injunction Against Apple in Shanghai Patent Infringement Suit

Posted on Categories Case, Patents

According to a WeChat posting from Shanghai Zhizhen Intelligent Network Technology Co., Ltd. (上海智臻智能网络科技公司 also known as Xiaoi Robot), Xiaoi has filed for a preliminary injunction against Apple at the Shanghai High People’s Court on September 3, 2021 to stop patent infringement by selling, importing, etc. iPhones incorporating Siri.  Xiaoi had earlier sued Apple for 10 billion RMB (~$1.4 billion USD) on August 3, 2020 at the Shanghai High People’s Court.  The lawsuit for patent infringement claims Apple infringed Chinese patent no. ZL200410053749.9, …

China’s Supreme People’s Court Affirms Right to Set Royalty Rates Worldwide in OPPO/Sharp Standard Essential Patent Case

Posted on Categories Case, Patents

In what some might consider a breach of several countries’ sovereignty, on August 19, 2021, the Intellectual Property Tribunal of the Supreme People’s Court affirmed a lower court ruling setting global licensing rates for standard essential patents (SEPs) including in the U.S., Germany and Japan.  The Supreme People’s Court ruled in Sharp Corporation v. OPPO et al. in (2020) 最高法知民辖终517 号 that in SEP licensing disputes, Chinese courts can adjudicate royalty rates worldwide based on 1. whether the parties are …

Elite Model Look Wins Trademark Victory in Shanghai

Posted on Categories Case, Trademarks

On August 26, 2021, the Shanghai Intellectual Property Court announced a ruling on appeal in favor of Elite Licensing Company SA in a trademark infringement case.  Elite is the owner and licensor of trademarks including and. Xingkong Fashion Culture Communication (Shanghai) Co., Ltd. and Chongqing Xingyuan Culture Media Co., Ltd. held “elite model” competitions in 2016 and 2017, which infringed Elite’s trademarks. The Court of first instance issued an injunction and damages of 3.5 million RMB and expenses 122,302 RMB …

Suspended Prison Sentence in Shanghai for Criminal Trademark Infringement For Repackaging of Authentic Ferrero Rocher Chocolates

Posted on Categories Case, Trademarks

On August 19, 2021, the Shanghai Third Intermediate Court released a ruling on Weibo holding that the repackaging of authentic Ferrero Rocher chocolates that included printing of Ferrero Rocher labels without authorization is criminal trademark infringement.  The defendant Liu procured high-count boxes of chocolates with low unit prices (e.g., 96 count) and repackaged the chocolates into smaller count boxes having higher unit prices (e.g., 8 count). While the chocolates themselves were authentic, Liu hired others to manufacture Ferrero Rocher packaging …