The LEHMAN, Lee & Xu
China Patents Newsletter keeps you up to date on recent developments in China Patents law and news
Don't Jump the Gun on Patent Litigation
It seems like a typical patents case. A manufacture of household goods receives a notice of a court action alleging they have infringed a patent right of another company. In this case, the goods in question were a kind of dinning ware.
To make a long story short, the company accusing our client of infringement alleged that a process used in manufacturing our client’s products violated a patent held by the plaintiff. We sat down with our client and reviewed their manufacturing system and processes.
Turns out our client’s manufacturing process was completely different from that stated in the patent. It was not protected under the patent. After we demonstrated the same to the court, the plaintiff withdrew the lawsuit, and was forced to pay attorneys fees.
Before launching a costly litigation, make sure you have your facts straight. The above situation may have been avoided by the plaintiff if they had taken the time to write a cease & desist letter, and to follow up with our client regarding its suspected infringing manufacturing processes.
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