China Micro wins patent injunction application against Veeco Shanghai

2020-12-08
China Micro Semiconductor Equipment (Shanghai) Co., Ltd. (hereinafter referred to as "China Micro") recently announced that China's Fujian Provincial High People’s Court has approved China Micro’s complaint against Veeco Precision Instruments International Trade (Shanghai) Co., Ltd. (hereinafter referred to as "Veeco Shanghai" ), which prohibits Veeco Shanghai from importing, manufacturing, and selling to any third party or promise to sell any chemical vapor deposition devices and substrate trays used for such devices that infringe on China Micro's CN 202492576 patent. The ban covers TurboDisk EPIK 700, EPIK 700 C2 and EPIK 700 C4 models of MOCVD equipment, as well as the substrate trays used in these MOCVD equipment. China Micro believes that the rotation axis and substrate tray lock synchronization device of the Veeco EPIK 868 MOCVD equipment also uses China Micro's patented technology, so the ruling also covers Veeco's EPIK 868 model and the substrate used in the equipment tray. The ban will take effect immediately and cannot be appealed. This strict ban fully demonstrates that Veeco Shanghai has blatantly violated China Micro's intellectual property rights, and Veeco Shanghai does not respect China Micro's intellectual property rights.


On July 13, 2017, China Micro filed a formal lawsuit against Veeco Shanghai for patent infringement in the Fujian Higher People's Court, applied for a permanent injunction against Veeco Shanghai, and compensated China Micro for economic losses of more than RMB 100 million. In connection with the lawsuit, China Micro had already won a first victory before the ban was issued. After Zhongwei filed a lawsuit in July this year, Veeco Shanghai submitted a patent invalidation request to the Patent Reexamination Board of the State Intellectual Property Office (hereinafter referred to as the "Patent Reexamination Board"), claiming that the patent of Zhongwei was invalid. In addition, another natural person also filed an invalidation request for the patent in question. In response to the two requests, the Patent Reexamination Board held separate hearings and rejected the two invalidation requests on November 24, 2017, confirming the validity of the China Micro Patent.
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