Recently, the IP team of ZhongYin (Shenzhen) Law Firm received five civil judgments from the Supreme People's Court, indicating that Yingwote, which is represented by ZhongYin, has successfully counterattacked in five cases before the Supreme People's Court.

In December 2019, Yingwote intended to entrust ZhongYin (Shenzhen) Law Firm to appeal against the first-instance judgment made by the Suzhou Intermediate People’s Court to dismiss all of its claims. After carefully reading the judgment of the first instance, the lawyers of the IP team of ZhongYin (Shenzhen) proposed that in respect of the technical feature which involved “description of orientation or structure + function” of the patent in suit, although it contained a description of function, it was still an orientational or structural feature in essence, instead of any functional feature defined in judicial interpretation; the fact finding and the law application by the court of first instance were incorrect; the alleged infringing product had the same technical features as the patent in suit, and the alleged infringing product fell within the scope of protection of the patent in suit, and based on the evidence of the cases, the RMB200,000 damages claimed by the patent owner was reasonable, and thus the court of second instance should support it. Therefore, upon taking the entrustment from Yingwote, ZhongYin (Shenzhen) agreed on a strategy of appeal with Yingwote and filed an appeal. Thereafter, , in order to ensure the quality and professionalism of the representation, the IP team of ZhongYin (Shenzhen) not only reviewed the Supreme Court’s opinions on rules applicable to the definition of functional feature, but also conducted several discussions on the definition of functional feature in patent infringement, and organized a mock trial before the trial of the second instance, and in the end, before the Supreme People’s Court, successfully convinced the judge to not only revoke the judgment of the first instance, but also support the claim for full compensation for economic losses.

The abovementioned successful counterattack in the five cases means the recognition and encouragement of the work of the IP team of ZhongYin (Shenzhen), which will continue to provide Chinese and foreign clients with high-quality and full-range professional legal services, by upholding the spirit of craftsmanship “engagement, excellence, diligence and refinement”.

The IP team of ZhongYin (Shenzhen) is committed to protecting foreign-related intellectual property rights and trade secrets and currently consists of more than twenty practicing lawyers, patent agents, and engineers, many of whom have studied or practiced abroad in the United States, the United Kingdom, Germany, and Japan, and are able to use English, German, and Japanese as the working language. The IP team of ZhongYin (Shenzhen) has already accumulated extensive practical experience through the successful typical cases in the fields of biomedicine, integrated circuits, new varieties of plant, software copyrights, optoelectronic communications, and energy-saving & environmental protection.