Recently, the legal team of Liu Shen represented INSOFTB (CHINA) CO., LTD. in response to a patent infringement complaint filed by a renowned Japanese diaper manufacturer. By filing a patent invalidation petition, the team successfully secured the full invalidation of all claims of the involved utility model patent.
In this case, the Japanese enterprise filed a complaint with the Jinjiang Administration for Intellectual Property, alleging that INSOFTB had infringed its utility model patent relating to diaper structural design. The complainant requested an order compelling the cessation of the manufacture, sale and offering for sale of the involved products. Faced with a challenge that might seriously impair the client’s market operation, the Liu Shen team responded promptly and successfully resolved the client’s commercial crisis by invalidating the opponent’s patent in its entirety through the patent invalidation procedure.
In formulating the invalidation strategy, Liu Shen demonstrated outstanding professionalism and systematic thinking. On the one hand, starting from the internal inconsistencies between the wording of the claims and the technical solution, part of the claims was invalidated merely based on Paragraph 4 of Article 26 of the Patent Law of the People’s Republic of China. On the other hand, the team elaborately constructed multiple sets of evidence combinations, adopted multiple closest prior art references as the basis, and comprehensively argued that the patent lacked inventiveness from multiple technical perspectives. Ultimately, the National Intellectual Property Administration (CNIPA) issued a decision declaring all claims of the subject patent invalid.
In recent years, Liu Shen has accumulated extensive experience in handling patent disputes in consumer technology sectors such as personal care products and hygienic materials. This case further demonstrates the firm’s comprehensive strengths in technical analysis, legal application and coordinated formulation of patent invalidation strategies.
The case was handled by attorneys AN Zhifei, LIU Zhijie, LI Kai, LI Qi, CHENG Chi and YAN Jiajia.
