A case involving infringement of a utility model patent by xxxx Technology Co., Ltd. and Shenzhen xxxx Information Technology Co., Ltd.
XXX Technology Co., Ltd. (hereinafter referred to as the "plaintiff") filed a civil lawsuit with the Shenzhen Intermediate People's Court, claiming that Shenzhen XXXX Information Technology Co., Ltd. (hereinafter referred to as the "defendant") infringed upon its utility model patent rights.
In this case, as the agent representing the defendant, we, based on a thorough understanding of the case details, filed an invalidation request against the plaintiff's utility model patent. After the National Intellectual Property Administration reviewed our invalidation request, it determined that the claims 1-10 of the involved patent did not possess originality and issued the Invalidation Request Review Decision No. 509xx, declaring the entire involved patent invalid.
Later, the plaintiff submitted an application for withdrawal of the lawsuit to the Shenzhen Intermediate People's Court. The Shenzhen Intermediate People's Court lawfully ruled to grant the withdrawal of the lawsuit, and the case filing fee was borne by the plaintiff.
(2) Typical Significance
In patent infringement litigation cases, in addition to directly defending against the plaintiff's claims, the defendant often takes other measures, such as filing a request for invalidating the plaintiff's relevant patent. If the defendant files an invalidation request and it is accepted by the Patent Reexamination and Invalidity Review Department, the department in charge of patent affairs may request a suspension of the processing. If the department in charge of patent affairs deems the reasons for the suspension raised by the defendant to be obviously untenable, it may not suspend the processing.In this case, the patent involved was declared completely invalid by the Patent Reexamination and Invalidity Review Department. As a result, the plaintiff's basis for filing the lawsuit no longer existed. Even if the plaintiff did not apply for withdrawal of the lawsuit, the defendant could still raise a defense of alleged defect in the patent rights, thereby protecting their own legitimate interests.