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HTC Wins 6.5 Million RMB and Injunction against Chinese Patent Infringers

Hongda International Electronics Co., Ltd. (aka HTC) recently received a favorable court verdict against Zhuhai Meizu Technology Co., Ltd. and Shenzhen Jinli (Gionee) Communication Equipment Co., Ltd. for patent infringement of CN103811863B.  The Beijing Court of Intellectual Property awarded HTC 6.5 million RMB (about $940,000) and an injunction based on sales of the Meilan Note5 mobile phone and the M6 mobile phone.  The patent claims a mobile phone with metal casing and antenna design that overcomes attenuation caused by the metal casing.

 


The Beijing Intellectual Property Court held that some of the data provided by HTC to prove damages were extrapolated, and the profit margin and contribution of the patented technology to sales also lacked sufficient evidence to support it.  Nonetheless, damages clearly exceeded 1 million RMB maximum statutory damages as provided by Article 65 of the Patent Law. The Beijing Intellectual Property Court that Meizu was liable for 3 million RMB and Jinli for 2.6 million RMB. Jinli must also pay 400,000 RMB for provisional damages (for the time of publication of the application to patent grant per Article 68 of the Patent Law).  Finally, an additional 500,000 RMB was awarded for legal fees.  Most importantly, the Court issued injunctions against the defendants.

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About this Author

Aaron Wininger IP Attorney China Portfolio Development
Director of China Intellectual Property Law Practice Schwegman Lundberg & Woessner

Aaron Wininger is a Senior Attorney and Schwegman’s Director of China Intellectual Property. Aaron counsels both U.S. and Chinese companies on portfolio development and preparation of their patent applications and office action responses. He has worked with clients in the areas of software, networks (wired and wireless), lasers, medical devices, semiconductors and physics.

Aaron prosecutes both Chinese and U.S. trademarks. He has also drafted and prosecuted hundreds of U.S. and international patent applications in a broad spectrum of areas, including computer hardware and software,...

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