中国固态电池龙头利元亨，如何打赢专利诉讼官司？#专利申请 #专利诉讼 #专利侵权 # 专利维权 #专利律师 # 王嘉律师

#PatentLaw #Leyuanheng #AssetFreeze #Invalidation #Lawsuit #IPRights #LegalStrategy #chineselawyer

Title:How Can China's Solid-State Battery Leader Leyuanheng Win a Patent Infringement Lawsuit?

Yesterday, we talked about how the plaintiff applied for an asset freeze against Leyuanheng. So, what did Leyuanheng do in response?

In July 2024, Leyuanheng issued an announcement stating that the company had applied to the court, in accordance with relevant regulations, to replace the frozen funds in the dedicated account for raised capital with its own funds of an equivalent amount. Now, the frozen funds in the dedicated account have been unfrozen and have resumed normal use.

From this perspective, if the plaintiff applies to freeze the defendant's assets, the defendant can provide other property as collateral to have the previously frozen assets released.

However, it must be noted that the assets were frozen in March and only released in July, indicating that pre-litigation property preservation can still have a significant impact on the defendant.

In addition, immediately after receiving the lawsuit, Leyuanheng filed a request with the National Intellectual Property Administration (CNIPA) to declare the relevant patents involved in the plaintiff's lawsuit invalid.

This is also one of the most common tactics employed by defendants in patent infringement lawsuits. Joss Wang, a lawyer, reminds that with the current increase in the rate of patent invalidation in China, using patent invalidation as a case response strategy is worth trying for all defendants.

Subsequently, the CNIPA reviewed Leyuanheng's request and ultimately declared all the relevant patent rights invalid.

With the invalidation decision from the patent office, Leyuanheng successfully won the patent lawsuit.

The above viewpoints are based on Chinese law.

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