Mr. Peng began his legal
career in patent laws in July, 2002 and joined Liu, Shen & Associates in
April, 2005.
Mr. Peng obtained the
qualification as an attorney at law in 2003 and obtained the qualification as a
patent attorney in 2004. Mr. Peng’s current practice mainly focuses on patent
enforcement including patent litigation and administration proceedings, patent
prosecution and invalidation in the technical fields of mechanical engineering,
material science, semiconductor device and process, display device, and so on.
Mr. Peng’s services also include providing clearance opinions and patent
strategy consultations for corporations, providing legal advice, and giving
training on patent laws and related issues. Also, Mr. Peng has assisted Chinese
applicants in patent application filing and prosecution with foreign patent
offices, such as USPTO, EPO, JPO, KIPO, etc.
Mr. Peng obtained a bachelor
degree and a master degree for material science and engineering from Tsinghua
University in 2000 and 2002, respectively. Mr. Peng further obtained a master
of law degree (LLM) from The John Marshall Law School in the United States of
America in 2009.
Civil Litigation
- Siemens v Beijing Lida Huaxin (2008), patent infringement litigation and
related patent invalidation, Beijing First Intermediate Court (First Instance),
representing the plaintiff (patentee).
The infringement litigation was settled before the Court and the
defendant paid damages of RMB 4 Million to the patentee; the related patent was
held valid in the patent invalidation proceedings.
- Staubli v. Nibo Xiaohui (2010), patent infringement litigation and
patent invalidation, Ningbo Intermediate Court (First Instance), representing
the plaintiff (patentee).
The infringement litigation was settled before the Court and the
defendant paid damages of RMB 100,000 to the patentee; the related patent was
held valid in the patent invalidation proceedings.
- Staubli v. Shanghai Chaocheng (2010), patent infringement litigation and
patent invalidation, Shanghai First Intermediate Court (First Instance) and
Shanghai High Court (Second Instance), representing the plaintiff (patentee).
The Court decided in favor of the patentee in the patent infringement
proceedings, and the defendant was ordered for permanent injunction and damages
of RMB 150, 000; the related patent was held valid in the patent invalidation
proceedings.
- Staubli v. Changshu Textile (2010), patent infringement litigation and
patent invalidation, Suzhou Intermediate Court (First Instance) and Jiangsu
High Court (Second Instance), representing the plaintiff (patentee).
The Court decided in favor of the patentee in patent infringement
proceedings and the defendant was ordered for injunction and damages of RMB
250,000; the related patent was held valid in the patent invalidation
proceedings. This case was designated as the Top 10 Intellectual Property Cases
in Jiangsu Province in 2013.
- IEE v. Golden Times (2013), patent infringement litigation and patent
invalidation, Beijing Second Intermediate Court (First Instance), representing
the plaintiff (patentee).
The infringement litigation was settled before the Court and the
defendant agrees to stop the infringing activities.
- Wang He v. IEE (2014), patent infringement litigation and patent
invalidation, Shenyang Intermediate Court, representing the defendant.
The patent at issue was invalidated in the patent invalidation
proceedings, and the plaintiff withdrawn the infringement case.
Patent Invalidation or Administrative
Litigation
- Kubota v. Patent
Reexamination Board of the SIPO (2010), patent administrative action, Beijing
First Intermediate Court (First Instance), Beijing High Court (Second
Instance), and Supreme Court (Certiorari), representing the plaintiff
(applicant). The High Court reversed the re-examination decision unfavorable to
the applicant and remanded it to the SIPO for further examination.
- Kaneka v. Patent
Reexamination Board of the SIPO (2013), patent administrative action, Beijing First
Intermediate Court (First Instance) and Beijing High Court (Second Instance),
representing the plaintiff (patentee). The Intermediate Court reversed the
invalidation decision unfavorable to the patentee and patent was held valid.
- BOE v. Patent Reexamination
Board of the SIPO (2014), patent administrative action, Beijing First
Intermediate Court (First Instance) and Beijing High Court (Second Instance),
representing the plaintiff (applicant). The High Court reversed the
re-examination decision unfavorable to the applicant and remanded it to the
SIPO for further examination.
- Panasonic v. Yinzhou
Jingneng (2011), patent invalidation, patent Reexamination Board of the SIPO,
representing the invalidation petitioner. The Board held the design patent invalid
because the patent was in conflict with the previous trademark right of the
petitioner.
- Bayer A/G v. Novo Nordisk
A/S (2011), patent invalidation, patent Reexamination Board of the SIPO,
representing the invalidation petitioner. The Board held the design patent
partially invalid.
- P&G v. Ruan Shixing
(2012), patent invalidation, patent Reexamination Board of the SIPO,
representing the invalidation petitioner. The Board held the design patent
partially invalid.