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Defending a patent case in the brave new world of Chinese patent litigation

By Erick Robinson

A huge market and a pro-patent owner system are fuelling an increase in patent litigation in China. Whether up against a local firm or a global non-practising entity, accused infringers need to be prepared for any scenario

As any US patent litigator knows, the value of patents and the ease of enforcing them in the United States have dropped precipitously over the last few years. However, it was the US Supreme Court’s 2006 decision in eBay which has had the greatest impact. This is ironic, given that the case was supposed merely to underline that injunctions should no longer be issued automatically based on a finding of patent infringement, but neither should they be denied simply on the basis that the plaintiff does not practise the patented invention. Over the last 10 years since eBay, the law has deteriorated to the point that it is now nearly impossible to enjoin a direct competitor.

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Issue 89