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Experience: A Patent Infringement Litigation in China

Abstract

The intellectual property rights (IPR) protection of China has become a worldwide hot topic. China, as a manufacturing giant, will inevitably become a country with a large number of intellectual property related disputes related to manufacturing in transnational corporations (TNCs). Patent litigation is increasingly common in China. According to recent statistics, the number of intellectual property litigation cases in 2014 is about 133863, among which the number of patent litigation cases is about 10187. The authors of this paper participated in a patent litigation case in China through judgment as the Defendant and directly experienced patent litigation’s procedure and features in China. This paper intends to share with readers the authors’ observations and insights based on their personal experiences and will perhaps serve to address some of the concerns associated with patent litigation in China. This paper also provides some comparisons with United States (“U.S.”) practice.

Author

Jeffrey Thurnau
Assistant General Counsel for IP, Gates Corporation, USA

Jeffrey Thurnau is Assistant General Counsel for Intellectual Property for a major automotive components manufacturer with facilities worldwide. Mr. Thurnau holds an undergraduate degree in Mechanical Engineering from the University of Colorado. He is a patent attorney and a licensed professional engineer in the state of Colorado, USA. He received his JD from the University of Denver.

Company

Gates Corporation

Gates Corporation was founded in Denver, Colorado over 100 years ago and is a major supplier of automotive components worldwide. Gates’ highly engineered products are critical components used in diverse industrial and automotive applications where the cost of failure is very high relative to the cost of our products. Gates sells products globally under the Gates brand, which is recognized by distributors, original equipment manufacturers, and installers as the premium brand for quality and technological innovation, a reputation built for over a century since the Company’s founding in 1911.

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