Main Clients Mr. Chen Worked for:
− TE Connectivity, Qualcomm Incorporated, 3M
Innovation, General Motors, Leili Group, Canadian Solar, Shagang Group, etc.
Main Project Experience:
− Thin
film thermocouple sensors for monitoring cutting temperature
− Research
on the cutting mechanism of crank flying shearer (CISDI)
− Finite
element analysis of cutting temperature fields (MHI)
− Experimental
investigation of titanium alloys machinibility
− Roller
type hydraulic pump and push type linear motor
Representative cases that Mr. Chen has led or
participated include:
1.
Infringement Litigations
− 3M Innovation v. Shinva Co. - serial patent
infringement litigations, in relation to two invention patents and one design
patent, Mr. Chen represents the plaintiff 3M Innovation - the case won the 1st trial - Shanghai IP Court ruled that the defendant compensated 3M Innovation
for a total damage of RMB 10 million and reasonable expenses of RMB 650,000 - the
2nd trial is currently underway;
− 3M Innovation v. Sisa Co. - serial patent
infringement litigations, in relation to two invention patents, Mr. Chen
represents the plaintiff 3M Innovation - the case won the 1st trial
- Zhengzhou IP Court ruled that the defendant compensated 3M Innovation for a
total damage of RMB 1 million (the defendant not appealed);
− Leili Co. v. Zhongjingke Co. - patent infringement
litigation, Mr. Chen represents the plaintiff Leili Co. - the case won the 1st and 2nd trials - Suzhou IP Court ruled that the defendant
compensated Leili for a total damage of RMB 1 million, and the IP Court of the
Supreme Court upheld the judgment;
− Rena GmbH v. Canadian Solar - patent infringement
litigations, Mr. Chen represents the defendant Canadian Solar - the involved
patent was wholly invalidated in PRB through the invalidation proceeding, based
on this, Suzhou Intermediate Court ruled that Rena's lawsuit was rejected, and
the Jiangsu Higher Court upheld the ruling.
2. Administrative
Litigations
− Hanyu Co. v. CNIPA - administrative litigation in
relation to invalidation of invention patent right, Mr. Chen represents the third
party Leili Co. (winner in the invalidation proceeding) - the case won the 1st trial - Beijing IP Court ruled that the appealed Decision was upheld, and the IP
Court of the Supreme Court also upheld the judgment in the 2nd trial;
− Rena GmbH v. CNIPA - administrative litigation in
relation to invalidation of invention patent right, Mr. Chen represents the
third party Canadian Solar (winner in the invalidation proceeding) - the case
won the 1st trial - Beijing IP Court ruled that the appealed
Decision was upheld - the 2nd trial is currently underway;
− Apple Inc. v. CNIPA - administrative litigation in
relation to invalidation of invention patent right, Mr. Chen represents the
third party Qualcomm Incorporated (winner in the invalidation proceeding) - the
1st trial is currently underway;
3. Invalidation
Proceedings
1) Representing
the Patent Owner
− Qualcomm Incorporated v. Apple Inc. (ZL201080006270.3),
Mr. Chen in this case represents the patentee Qualcomm Incorporated - the
patent right was wholly upheld by PRB;
− AUX Co. v. Midea Co. (ZL201620666033.4), Mr. Chen in
this case represents the patentee AUX Co. - the patent right was upheld by PRB
on a basis of the amended claims;
− Leili Co. v. Zhongjingke Co. (ZL201620056814.1), Mr.
Chen in the serial cases represents the patentee Leili Co. - the patent right
was upheld twice by PRB in both of the invalidation proceedings;
− Leili Co. v. Hanyu Co. (ZL201520739827.4), Mr. Chen in
this case represents the patentee Leili Co. - the patent right was wholly
upheld by PRB;
− Leili Co. v. Hanyu Co. (ZL201220152493.7), Mr. Chen in
this case represents the patentee Leili Co. - the patent right was upheld by
PRB on a basis of the amended claims;
− Leili Co. v. Chaowen Weng (ZL201720667374.8), Mr.
Chen in this case represents the patentee Leili Co. - the patent right was
upheld by PRB on a basis of the amended claims;
− Leili Co. v. Zhongjingke Co. (ZL201820008400.0), Mr.
Chen in this case represents the patentee Leili Co. - the patent right was
upheld by PRB on a basis of the amended claims;
2) Representing
the Petitioner
− Canadian Solar v. Rena GmbH (ZL200480043087.5), Mr.
Chen in this case represents the petitioner Canadian Solar - the patent right
was wholly invalidated by PRB;
− Xi Zhang v. Alibaba Co. (ZL201620847681.X), Mr. Chen
in this case represents the petitioner Xi Zhang - the patent right was wholly
invalidated by PRB;
− Leili Co. v. Zhongjingke Co. (ZL201620619693.7), Mr.
Chen in this case represents the petitioner Leili Co. - the patent right was
wholly invalidated by PRB;
− Otti Co. v. Recticel NV (ZL201080055638.5), Mr. Chen
in this case represents the petitioner Otti Co. - the patent right was wholly
invalidated by PRB.
4. Legal
Opinions
Mr. Chen provides
legal opinions for many clients, in relation to:
− Patent infringements analysis and opinions - 20+
cases;
− Patent validity analysis and opinions - 30+ cases;
− Free-to-operate (FTO) and early warnings - 10+
cases; and
− Prior art search & analysis, IP due diligence,
etc. - 10+ cases.
5. Speeches
& Articles
The articles
written by Mr. Chen in recent years include:
− “The keys to success in patent litigation” - published
on IAM China: Managing the IP Lifecycle 2021; and
− “How to judge the ‘sufficiency of disclosure in
specification’ issue? - The latest criterion from the Supreme Court” - published
on Liu Shen Newsletter July 2020.
Presentations that Mr. Chen has presented include:
− An English speech entitled “Claim Drafting In Light Of
Litigation” in 2018 AIPPI China IP Youth Seminar.