Recently, in the invention patent infringement dispute represented by Liu Shen involving German company WAGO and Dongguan Baidianbao, the Chinese affiliate of German BJB Group, the two parties reached a settlement agreement at the second-instance stage under the mediation of judges from the Supreme People’s Court. The case marks a successful settlement between two German enterprises over a patent infringement dispute in China.

Liu Shen has represented WAGO in enforcing a number of its patents in China, effectively safeguarding the company’s legitimate intellectual property rights.

In this case, Liu Shen attorneys worked in close and seamless collaboration with WAGO’s in-house legal team. The firm strategically selected invention patents confirmed valid through patent invalidation proceedings as the enforcement basis. Multiple infringing products were successfully purchased via notarization to preserve evidence of the defendant’s infringing acts, including manufacturing, import, offer for sale, and sale. Laboratory test data of the accused products was also provided to prove patent infringement.

During the court hearing, the team interpreted the key technical features of the claims in a reasonable and appropriately scoped manner, based on the patent specification, prosecution history, overall technical conception and purpose of the invention. The arguments comprehensively refuted the opponent’s unreasonable narrow interpretation of the claims. Relying on Liu Shen’s submissions and interpretations, the collegial panel clarified the technical solution and protection scope of the patent. The case was finally closed by a civil mediation document issued by the Supreme People’s Court, fully achieving WAGO’s litigation objectives.

A notable highlight of the case lies in the evidence preparation for compensation calculation. Following in-depth deliberation and careful planning between Liu Shen attorneys and WAGO’s legal counsel, solid evidence concerning the nature of the infringement and the amount of damages was fully collected and preserved. The team also submitted effective judgments from analogous patent infringement cases involving WAGO as reference precedents, fully demonstrating the high value and innovative level of the patent. Such materials provided strong support for WAGO in the mediation regarding infringement findings and damage claims.

The case reflects WAGO’s rational and measured approach to IP enforcement as well as its determination to uphold fair market competition. It further demonstrates Liu Shen’s dedication to close client collaboration, commitment to protecting clients’ interests, and capability of delivering effective and professional legal services.

Upholding a pursuit of excellence, the Liu Shen team will continue to provide high-standard professional legal services to assist clients in safeguarding their legitimate rights and interests.

Lead Attorneys: GE Qing, WANG Xiaojing, LIU Fang