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10

JUL

2020

Great Victory over an NPE

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P.C. & Associates defeated an NPE in a series of patent infringement actions

Recently, P.C. & Associates (“PCA”), representing a famous multinational company, obtained favorable results of six patent infringement cases and related patent validity challenges initiated by an offshore rising non-practicing entity (the “NPE”) in Shanghai Intellectual Property Court and Nanjing Intermediate People’s Court separately.

The NPE initiated a number of patent infringement actions against several multinational enterprises in China based on the patents purchased from ZTE and Huawei. From December 2018 to February 2019, based on the six patents acquired from Huawei, the NPE filed six infringement actions against the products of our client such as mobile phone, voice recorder and camera, in Shanghai Intellectual Property Court and Nanjing Intermediate People’s Court respectively. The NPE started the battle aggressively and vigorously.

PCA promptly formulated effective litigation strategies and working plans in view of these six cases. Firstly, PCA quickly arranged a team of experienced attorneys to actively respond to the lawsuits understand all the patents involved and finally generate responding strategies. Secondly, PCA immediately filed validity challenges against the six patents involved. In the meantime, PCA’s attorneys energetically communicated with client, deeply studied and explored the complex technical principles concerned, analyzed the subject products, and prepared solid and adequate non-infringement defense arguments. Facing the well-prepared NPE with bad faith and overwhelming workload, PCA team responded actively and steadily.

The first round of validity challenges turned out good outcome. Three of the asserted patents were wholly invalidated. One of the patents was partially invalidated. One of the patents was maintained valid. The last invalidity request is still pending right now. Due to the outstanding performance of PCA in the validity action, the NPE withdrew one of the infringement actions, the other two cases were dismissed by the courts respectively. The remaining three civil lawsuits were proceeding.

Later on, the remaining three cases were heard at the Shanghai Intellectual Property Court. With the concrete support of the client, PCA’s attorneys developed and addressed many solid and powerful non-infringement defense arguments during the hearings. Immediately after the hearings, the NPE was forced to withdraw all the remaining civil lawsuits because it knew slim chance to win any of them. So far, none of the infringement actions is still pending. Ultimately, our client won an outright victory.

The great success has received high praise of the client. It also shows the excellent litigation skills of PCA attorneys in dealing with the emergent, difficult, and significant cases with extremely complicated technologies involved.

At the same period, PCA also represented a US company in a series of infringement actions and invalidity actions raised by the NPE concerning the network switches of the company. PCA has assisted the client in reaching a global settlement with the NPE.

In other words, PCA team has represented 12 pairs of patent infringement litigations and invalidity actions during the same period. Accordingly, PCA has accumulated rich practical experience in responding to the flooded litigation challenges from an NPE. We are able to provide reliable and high-quality services for any client at any time.

About the Firm

P. C. & Associates
Address 9th Floor, Scitech Tower, No.22 Jian Guo Men Wai Avenue, Chaoyang District, Beijing, China 100022
Tel 86-10-6559 4091
Fax 86-10-6559 4092
Email mail@pcassociates.cn
Link www.pcassociates.cn

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