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Zhong Lun Helps S-Up Kids Win an Appeal before the Supreme People’s Court in a Building Block Toy Patent Infringement Case
Zhong Lun Helps S-Up Kids Win an Appeal before the Supreme People’s Court in a Building Block Toy Patent Infringement Case
Guangzhou S-Up Kids Co., Ltd. (“S-Up Kids") represented by Zhong Lun in a patent infringement case has recently obtained a favorable decision in the appeal of the case before the Supreme People’s Court. S-Up Kids is the patentee of a utility model patent called “a plug-in type building block", with the patent number of ZL201320105653.7. In 2019, S-Up Kids filed a civil lawsuit against the defendant for infringing the patent. The trial court dismissed the claim on the grounds that the defendant did not exploit the patent. After losing the case, S-Up Kids engaged Zhong Lun attorneys to appeal to the Supreme People’s Court. In January 2022, the IP Court of the Supreme People’s Court entered a judgment, setting aside the original judgment and holding that the defendant had infringed the patent. The court also ordered the defendant to stop the infringement and compensate for the plaintiff’s losses. In its judgment, the court upheld Zhong Lun attorneys’ main argument that when a technical feature in a patent claim is interpreted, the particular limitation in the specification has priority.
The Supreme People’s Court’s ruling in this case helps clarify the rules on interpretating claims in patent infringement cases and sets a precedent for protection of toy patents. With the win in the appeal, Zhong Lun has safeguarded the client’s rights and competitive advantages and demonstrated outstanding capabilities in handling complex patent litigation. The judgment of this case shows that the people’s courts are making judicial efforts to better protect intellectual property and encourage innovation in the toy industry.
Zhong Lun partner Bisheng Shi and associate Peng Lv provided legal services throughout the series of proceedings.