The IP Tribunal of Supreme People’s Court of China finds direct infringement for the manufacturer of products implementing the patented method in the fields of network and communication

• Date: 16 December 2019
• Citation: jd0070
• Author: Jing Xu,Chao Zhang
• Published date: 16 December 2019
• Subject Matter: Intellectual Property

2020/10/20

The IP Tribunal of Supreme People’s Court of China finds direct infringement for the manufacturer of products implementing the pa…

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CHINA LAW INSIGHT

The IP Tribunal of Supreme People’s Court of

China finds direct infringement for the

manufacturer of products implementing the

patented method in the fields of network and

communication

By King & Wood Mallesons on December 16, 2019

By Jing Xu, Chao Zhang King & Wood Mallesons’ Intellectual Property Group

On December 10, 2019, the IP Tribunal of Supreme People’s Court of China (“the Court”)

announced the final judgement for the appellate case with respect to patent infringement

dispute between the appellant Company A and the appellee Company B.

In this case, the patent asserted by Company B protects “a simplified method for

accessing portal website of a network service provider”, and the accused products are

routers made by Company A. According to the factual findings of the Court, all of the

steps limited in Claims 1 and 2 of the method patent would be fully implemented when an

end user uses the accused routers with the mode of “Web authentication enabled”. The

Court holds in this case that if the material contents of the patented method are solidified

into the accused products by the manufacturer for the purpose of production and

business, and such act of solidification or its result plays a non-substitutable material role

for all technical features of the claim of the patent being presented, i.e. the process of the

patented method can be naturally reproduced when an end user uses the accused