Recently, the Life Sciences & Biopharma team at Liu Shen successfully concluded an invention patent infringement litigation involving Chinese origin veterinary medicinal products. Through thorough evidence collection, targeted litigation strategy and multiple rounds of negotiations, the matter was satisfactorily resolved via a settlement confirmed by a court issued mediation document. The Liu Shen team effectively halted infringing activities within a short timeframe and efficiently delivered the client’s commercial objectives, earning high level recognition from the client.

The client is a well established domestic enterprise within the veterinary medicine sector. Its patented product is a Chinese origin veterinary medicine for treating diseases in poultry farming. Upon discovering that another entity was unauthorizedly manufacturing, selling and offering for sale the counterfeit veterinary product, which severely disrupted the existing market order, the client retained Liu Shen & Associates to pursue IP enforcement.

Following the engagement, the Liu Shen team conducted in depth research on the particular characteristics of veterinary medicine distribution channels, held full consultations with the client to clarify its multi faceted enforcement goals, and formulated a systematic litigation strategy accordingly:

• Evidence Preservation: A complete evidentiary chain proving the defendant’s manufacture, sale and promotional activities for the accused product was systematically secured by means of notarized purchases and online evidence gathering, laying a solid foundation for subsequent court hearings.
• Jurisdiction Selection: Taking account of case specific facts and strategic litigation requirements, an appropriate competent court was selected to create favorable conditions for efficient case progression.
• Technical Comparison: Addressing the technical challenge posed by complex active ingredients in Chinese origin veterinary medicines, for which conventional identification methods cannot deliver straightforward comparisons, the team conducted item by item comparative analyses and arguments drawing upon traditional Chinese medicine research findings, component analysis of the defendant’s product, product promotional materials and relevant quality standard documentation. The analysis clearly demonstrated that the defendant’s technical solution fully embraced all technical features recited in the claims of the patent in suit.

Confronted with the comprehensive evidentiary chain and rigorous technical arguments assembled by the Liu Shen team, the defendant voluntarily indicated its willingness to settle after the court hearing. Following several negotiation rounds, the parties reached a settlement agreement, which was formalized by the court through a mediation instrument. The infringing products have been completely withdrawn from the marketplace, and the client’s commercial objectives have been achieved efficiently and conclusively.

Project Team Members for this Case: Stephen ZOU, CAO Lili, ZHU Wenjing