Chinese Patent Ruling Is Good News For Manufacturers

Law360 (July 29, 2020, 7:00 PM EDT) -- The Chinese Supreme People's Court Intellectual Property Tribunal recently issued a judgment in the patent noninfringement declaratory judgment action VMI Holland BV v. Safe-Run Machinery (Suzhou) Co. Ltd.[1] The judgment plugs a loophole that had allowed raids against customers or end users without allowing a defense by the relevant manufacturers. The case was also selected by the tribunal as a precedential case in April.

VMI v. Safe-Run

In the judgment, the Chinese company Safe-Run requested that a local Chinese administrative agency inspect and collect evidence from machines made by the Dutch company VMI being used by VMI's customer Cooper (Kunshan) Tires Co. Ltd. in...

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