The IP Tribunal of the Supreme People’s Court (SPC) recently issued a decision in Dunjun v. Tengda ((2019) SPC IP Civil No. 147), holding that the manufacturer’s making and selling of routers directly infringed a telecommunication method-of-use patent even though the manufacturer itself did not perform the patented method. This case is recognised the Chinese Akamai case.
Affected by the characteristics of network communication, method patents in this technical field usually relate to multiple parties. Regarding to the network communication method patents, a situation exists that multiple parties may implement different technical features of one patent claim separately, while their joint implementation falls into the scope of the claim. And it is even possible that a user of the accused infringing product participates in the patent implementation when normally using the product without any other actions from the manufacturer. This situation causes infringement assessment to become even more difficult.
The European Chamber is delighted to invite Mr. Steve SONG, Partner and Patent Attorney of Beijing DHH Law Firm, who represented the plaintiff-appellee in this landmark case to provide our members insights by studying the judgement of a few cases regarding multi-party patent infringement.
Agenda
14:30 – 14:35
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Opening Remarksby Mr. Yajun Bai, European Chamber IPR Working Group Beijing Vice Chair, Head of IP China, Siemens Healthineers
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14:35 – 15:30
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Presentation by Mr. Steve Song, Partner and Patent Attorney of Beijing DHH Law Firm
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15:30 – 16:00
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Q&A Session
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16:00 – 16:20
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Introduction of Key Recommendations for the IPR Position Paper moderated by Mr. Filippo Sticconi, National Chair ofEuropean Chamber IPR Working Group,Senior Associate at GWA Greatway Advisory
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