Recently, in a series of patent infringement and ownership confirmation proceedings representing Kvaerner, the Liu Shen team successfully secured the full invalidation of three patents relating to medium-consistency pulp pump technology. In accordance with relevant judicial interpretations, the Supreme People’s Court will reverse the first-instance infringement judgment and dismiss the plaintiff’s claims. This milestone outcome removes commercial obstacles for the client and upholds its legitimate rights and interests.

In this matter, the Liu Shen team was entrusted at a critical juncture: facing an unfavorable first-instance ruling in the patent infringement litigation and with the second-instance hearing imminent. Drawing on extensive experience in patent invalidation matters, the team promptly identified substantive flaws in the three asserted patents. Tailored invalidation strategies were formulated in light of the differing drafting characteristics of each patent. In particular, for two patents defined by multiple technical parameters, formulas and numerical ranges, the team adopted a well-structured combined invalidation strategy on the grounds of lack of inventiveness, lack of support by the specification, and insufficient disclosure. Through a comprehensive review of prior panel examination decisions, distinct argumentation focuses were set for each of the three invalidation cases. Meanwhile, during the second-instance infringement proceedings, the team proactively communicated with the court regarding the progress of the invalidation actions. Ultimately, all three patents were fully invalidated prior to the issuance of the second-instance judgment, earning high recognition from the client for Liu Shen’s professional performance.

Lead Attorneys for the Series of Cases: QIU Jun, WANG Xiao, XUE Yunran