On September 11, 2024, China’s Supreme People’s Court (SPC) published a set of Typical Cases on Anti-Monopoly and Anti-Unfair Competition (反垄断和反不正当竞争典型案例目录). Two of the cases directly involve intellectual property including the “New Energy Vehicle Chassis” trade secret case discussed here in which 640 million RMB was awarded (but is unlikely to be collected) and a Schneider Electric trademark infringement case in which the Jiangsu Provincial High People’s Court awarded Schneider 40 million RMB. China, while not a common law jurisdiction, …
Category: Case
Contemporary Amperex Technology Co., Limited (CATL) Continues EV Battery Patent War Against China Aviation Lithium Battery (CALB)
Per a filing with the Stock Exchange of Hong Kong Limited dated July 26, 2024, CALB Group Col., Ltd. (中創新航科技集團股份有限公司) announced it was sued (again) by CATL. CATL is the largest EV battery producer in the world with a global market share of about 37% in 2023. CALB is an emerging rival ranking third in China behind CATL and BYD. CATL is requesting an injunction and damages of 92 million RMB against CALB for allegedly infringing Chinese utility model no. …
China’s Supreme People’s Court Fines Litigant 1 Million RMB for Destroying Evidence in Violation of Court-Ordered Evidence Preservation
On July 17, 2024, the Supreme People’s Court (SPC) announced a fine of 1 million RMB against an unnamed defendant for destroying evidence in violation of an evidence preservation order. The case involved alleged copyright infringement of SketchUp software. Per the SPC, the defendant has paid the fine and has not appealed.
China’s Supreme People’s Court Rules in First Patent Preliminary Injunction Case
On July 16, 2024, China’s Supreme People’s Court (SPC) announced the first case of behavioral preservation (preliminary injunction) in a patent infringement case since the “Decision of the Supreme People’s Court on Amending the Provisions of the Supreme People’s Court on Several Issues Concerning the Intellectual Property Court” came into effect on November 1, 2023. On June 3, 2024, an unnamed Suzhou company applied to a local intermediate court for pre-litigation preservation, requesting an order that a Beijing company (believed …