Steve Song invited to lecture on patent case study for European Union Chamber of Commerce in China
On May 29th, Steve Song was invited to lecture on patent case study for European Union Chamber of Commerce in China.
By illustrating Dunjun v. Tenda, IWNCOMM v. Sony, and Netac v. Micron, Steve elaborated on some complex issues in adjudication of process patent infringement, including how protection of a process patent can cover an infringing product, how to apply the all-elements rule for a process patent, how to guide the adjudication process on basis of value orientation, fit and justification, etc.
Also, Steve demonstrated the evidence obstruction rule which is being applied more and more in practice, the balance between claim language and inventive object in claim construction, how to interpret a product-by-process claim, as well as the difficulty in technical fact finding.
From Steve’s presentation, the audience can see the great efforts of Chinese courts in solving the current problems of evidence production difficulty and low damages awarded, the noticeable progress of the patent infringement rules going more consistent with the international landscape, as well as the intellectual fruits of Chinese IP judges in reasoning and phrasing of court opinions.
This presentation not only deepens the understanding of foreign companies on China’s IP practice, but also promotes insightful exchanges and discussions on IP protection under different perspectives. It’s helpful for the world to see the global vision and local expertise of Chinese elite lawyers as well as their outstanding professional skills.