Recently, the Supreme People's Court rendered its second instance judgment in a patent invalidation administrative dispute represented by Liu Shen, dismissing the appeal and upholding the original decision. This marks the definitive victory for our client in invalidating the competitor’s asserted patents.
The dispute originated in late 2024. The client is a domestic construction engineering enterprise dedicated to developing eco friendly slope support technologies widely deployed in transportation, water conservancy, municipal construction and other sectors. Shortly after the client launched its business, it faced patent encirclement tactics: its competitor filed infringement lawsuits based on four patents simultaneously, seeking injunctive relief to halt the client’s manufacture and sale of products, together with substantial damage claims.
Upon retention, Liu Shen promptly conducted prior art searches and formulated invalidation strategies, and immediately filed invalidation petitions against all four asserted patents. In April 2025, the China National Intellectual Property Administration (CNIPA) issued decisions holding all four patents entirely invalid. This outcome enabled the client to swiftly defuse the pending infringement claims. The patentee subsequently initiated administrative proceedings challenging the invalidation decisions. Liu Shen acted for the client throughout the administrative litigation at both first instance and second instance levels, ultimately securing the final instance favorable ruling.
In this series of proceedings, Liu Shen obtained final success across all four patent invalidation matters, completely removing the patent related barriers confronting the client. The client highly commended Liu Shen's work and presented a silk banner bearing the inscription: “Comprehensive victory clears entrepreneurial hurdles; consummate expertise empowers green technology aspirations”.
This case demonstrates Liu Shen's professional strength in delivering efficient, consistent and high quality services to assist clients in resolving complex intellectual property matters.
This Case was handled by ZHANG Xiang, XU Ruiqiao and CHENG Danchen.
