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Aiyan KE
Equity Partner / Shanghai
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Tel +86-21-6061-3675
Email keaiyan@zhonglun.com
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Practices
IP Licensing & Enforcement, Litigation & Arbitration, Cybersecurity & Data Protection
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Industries
Information & Intelligence Technology, Energy & Power, Healthcare, Pharmaceuticals & Life Sciences
Aiyan KE
Ms. Ke 's primary practice areas include intellectual property litigation and related non-litigation matters, as well as civil and commercial dispute resolution. Ms. Ke is highly skilled in handling various types of intellectual property disputes. She excels in litigation strategy formulation, case management and coordination, implementation of litigation strategies, and courtroom control.
Ms. Ke possesses significant expertise in intellectual property analysis during the IPO process, conducting intellectual property due diligence, drafting and reviewing intellectual property licensing and transfer agreements, negotiating intellectual property infringements and ownership disputes, establishing corporate intellectual property systems, brand planning, patent portfolio management, and confidentiality systems. She provides clients with professional legal advice in these areas.
Representative Matters
Litigation Matters
Represented Focus Media in its patent infringement and invalidation lawsuit against CJ CGV Co., Ltd., this case was the first case since the establishment of the Intellectual Property Court of the Supreme People's Court;
Represented CATL in multiple criminal lawsuits of trade secret infringement against former employees;
Represented an individual who is the defendant in a serious criminal case of trade secret infringement;
Represented a large-scale material supply company in criminal cases of trade secret infringement and non-competition brought against former employees;
Represented a Qingdao Pre-IPO company in a trade secret criminal case and computer software copyright lawsuit filed against former employees;
Represented Shangneng Electric Co., Ltd. in a patent infringement lawsuit with a target amount of more than 90 million yuan filed by Sungrow Power Co., Ltd.;
Represented Higold Group Co., Ltd. in multiple patent infringement and invalidity cases;
Represented a Pre-IPO company in the energy industry in a patent invalidation dispute;
Represented a Shanghai Household Appliances Company in multiple patent infringement and invalidity disputes;
Represented Zhongjing Environmental Technology Co., Ltd. in multiple patent infringement and invalidation lawsuits filed by Longjing Environmental Protection;
Represented YUEWEN in multiple copyright infringement lawsuits filed against competitors for infringement of information network dissemination rights;
Represented Shenzhen Dubi Electronics Co., Ltd. in patent invalidity disputes;
Represented Hebei Yili Technology Co., Ltd. in multiple patent infringement and invalidity disputes, and filed multiple patent rights protection lawsuits against competitors' infringements.
Represented a medical listed company in Suzhou in patent infringement and invalidity cases;
Represented Dongguan Host Hot Stamping Technology Co., Ltd. in a patent infringement case involving more than 30 million yuan filed by ArcelorMittal and others;
Represented a subsidiary of Fosun Pharma in a patent infringement case filed by Bayer Pharmaceuticals;
Represented Zhongke Weizhi Intelligent Manufacturing Technology Jiangsu Co., Ltd. in a patent ownership case filed by Changsha Alfenghua Electronic Technology Co., Ltd.;
Represented Guangdong Taiming Metal Products Co., Ltd. in multiple patent infringement and invalidity lawsuits filed by Unisperon Co., Ltd.;
Represented a well-known Shanghai chip company in a patent invalidation dispute;
Represented a Shanghai software company in multiple technical contract disputes;
Represented Shanghai Yizhong Gentai (Group) Co., Ltd. in trademark and unfair competition disputes with a target amount of more than 50 million yuan;
Represented Chengdu Beite Pharmaceutical Co., Ltd. in a trademark infringement lawsuit with a target amount of RMB 24 million;
Represented a cultural & communication company in a trademark and copyright infringement lawsuit with a target amount of nearly 60 million yuan;
Assisted in dealing with Gree and Midea's series of patent infringement cases;
Assisted in dealing with a series of difficult and complex patent infringement and invalidation cases involving a Jiangsu company and a Dutch company;
Assisted in dealing with criminal and administrative disputes involving trade secret infringement between the TPI Composites, Inc and a company in Shanghai;
Assisted in dealing with criminal and civil cases involving trade secret infringement filed by an automotive software company.
Non-litigation Matters
Entrusted by a well-known pharmaceutical company in Shanghai to investigate the infringement risks and ownership risks of technological achievements related to core technologies;
Entrusted by a listed company in Jilin to investigate the risk of patent infringement of herpes zoster vaccine technology;
Entrusted by a Pre-IPO company in the pharmaceutical industry in Tianjin to investigate patent infringement risks and ownership risks;
Entrusted by a large investment fund to investigate the patent infringement risks and ownership risks, to do research on the analysis of patent portfolio and the authorization possibility of some patent applications for the core technology of a Suzhou pharmaceutical company to be invested;
Entrusted by a Shenzhen Pre-IPO company of chip industry to investigate the patent infringement risks of core technologies;
Entrusted by Wayzim Technology Co., Ltd. to investigate the patent infringement risks of a certain product;
Entrusted by a Pre-IPO company in Hubei to investigate the patent infringement risks and do research on the analysis of patent portfolio;
Entrusted by Tencent Technology (Shenzhen) Co., Ltd. to investigate the patent infringement risks of certain types of products;
Entrusted by ORBBEC Co., Ltd. to investigate the patent infringement risks;
Entrusted by a pharmaceutical company listed on the Science and Technology Innovation Board in Shanghai to investigate the risks of patent application rights and patent ownership;
Entrusted by a pharmaceutical company in Wuxi to assist in doing the research of the patent portfolio of core technology;
Entrusted by a pharmaceutical company in Tianjin to assist in doing the research of the analysis of authorization possibility of some patent applications;
Entrusted by a well-known chip company in Shanghai to investigate the risks of trade secret infringement;
Entrusted by a Wuhan Pre-IPO company to assist in establishing the intellectual property protection system and investigating the ownership risks of core technology;
Entrusted by a Shenzhen Pre-IPO company of chip industry to investigate the risks of trade secret infringement;
Entrusted by a listed company in Wuhan to investigate the risks of technology infringement of domestic and foreign patents of multinational companies and assist in negotiating with the patentee;
Entrusted by a Shanghai data company to assist in the analysis of patent stability and joining the patent pool of SEP;
Entrusted by a Pre-IPO company in Zhejiang to investigate the patent infringement risks of overseas patents of multinational corporations and assisted in negotiations;
Entrusted by a well-known auto parts company in Zhejiang to investigate the risks of technology ownership and assist in negotiations;
Entrusted by a Pre-IPO company in Zhejiang to investigate the risks of copyright infringement and establish the intellectual property protection system;
Entrusted by a listed company in western China to draft and submit Third party observations on a competitor's patent application;
Entrusted by Hongkong Land to revise the intellectual property clauses in all external contracts;
Entrusted by Vanke to investigate the risks of ownership of service invention-creation;
Advised numerous domestic and foreign companies (including Alibaba, Ant Financial, Microsoft, Industrial Bank, Minmetals, Suning, DJI, Harman, American Express, Geely, etc.) on commercial and/or intellectual property matters, drafted technology licensing contracts and technology transfer contracts;
Provided training for the Legal Department of Bosch Group China on how to respond to trade secret infringement litigation and establish a trade secret protection system;
Provided training for all executives of iFlytek Group on how to respond to trade secret infringement litigation and establish a trade secret protection system.
Honors and Awards
(一)For Individual
Awarded as China Top 50 IP Lawyer, Zhichanli&Zhichanbao ( two internet media platforms focusing on IP strategy ), 2023
(二)For Deal
Awarded as Outstanding Transaction in Commercial Law, Shanghai Legoland Resort Project by Shanghai Jinshan Urban Construction Investment Group Co., Ltd. (Participating Lawyer), 2021
Publications
“Analysis of the Practice of Enterprise Patent Portfolio in the Intellectual Property Issues of the Science and Technology Innovation Board System”, WeChat public account "wutongshuxiaV (梧桐树下V)", Oct 2020
“Jurisdiction of Intellectual Property Infringement Cases in Shanghai Courts”, WeChat public account "zhichanli (知产力)", Jun 2020
“How to Deal with Patent Infringement Litigation Encountered during the Process of Enterprise Listing”, WeChat public account "zhichanli (知产力)", May 2020
“Analysis of Key Points in Enterprise Trademark Layout”, ALB, May 2020
“The Determination of Infringement Liability by Network Service Providers”, WeChat public account "zhichanli (知产力)", Jan 2019
“Multinational Corporations Should be wary of others Attempting to Register Trademarks”, WeChat public account "zhichanli (知产力)", Jan 2019
“Analysis of Liability for Infringement of Information Network Communication Rights by Ordinary Link Service Providers”, WeChat public account "zhichanli (知产力)", Jan 2019
“The Role of Design Key Points in Determining Design Patent Infringement”, China Intellectual Property News, Jun 2015
“Whether Filing Infringement Lawsuits based on Different Patent Claims is a Repeated Lawsuit”, people's justice, Nov 2011
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Bar Admissions/Professional Qualifications
PRC Bar, 2018
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Education
LL.M. in Civil and Commercial Law, East China University of Political Science and Law, 2006
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Professional Experience
Partner, ZhongLun Law Firm, 2024 to present
Partner, Grandway Law Firm, Shanghai Office, 2018-2024
Associate, King & Wood Law Firm, Shanghai Office, 2016-2018
Judge, Suzhou Intermediate People's Court, 2006-2016 ( held a temporary post in Patent Reexamination and Invalidation Department of CNIPA, 2015.04-2015.10 ) -
Languages
Chinese
English