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How to win a patent case in China as a plaintiff

By Erick Robinson

There is a reason why patent litigation in China is surging: patent owners have some big advantages. However, there are differences from US patent disputes at every stage which plaintiffs need to know about

In IAM 81 (Jan/Feb 2017), I outlined why China is the new top place to file a patent case and proposed how best to defend one there (see “Defending a Patent Case in The Brave New World of Chinese Patent Litigation”). I noted that patent plaintiffs in China are so heavily favoured that it calls to mind the old saying about Michael Jordan in his prime: “You can’t stop him; you can only hope to contain him.” Although I provided some hints on how to try to manage a case from a defendant’s perspective, I concluded that the odds are stacked against defendants in Chinese patent litigation so greatly that the best you can do is try not to lose by a big margin. In this article, I set out a game plan for winning from a patent owner’s perspective.

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