Top 10 patent reexamination invalidation cases in 2016 including Xidian Jietong & Sony

April 26 is the 17th World Intellectual Property Day. On this day, the Patent Reexamination Board of the State Intellectual Property Office announced the top ten patent reexamination cases in 2016. A patent reexamination case between Sony Mobile Communications Products (China) Co., Ltd. (hereinafter referred to as "Sony Mobile") and XD Jetcom Co., Ltd. ranked first among the top ten cases.

Xidian Jietong was founded in September 2000. It is a provider of basic network security technologies and solutions. It is also one of the earliest enterprises in my country to invest in the research and development of basic network security technologies. One of Xidian Jietong's core research and development areas is the basic security of wireless local area networks (WLANs). Based on long-term investment in research and development, Xidian Jietong applied for a patent entitled "A method for secure access and data confidentiality communication of mobile devices in wireless local area networks" on November 6, 2002, and was authorized on March 2, 2005. The patent number is ZL 02139508.X, which is the core patent of the wireless local area network security protocol technology WAPI.

Sony Mobile, as a manufacturer of mobile communication equipment (mobile phones), produces and sells a variety of mobile phones with WAPI functions. Since 2009, Xidian Jietong has been negotiating with Sony Mobile over Sony Mobile's infringement of WAPI patent technology without obtaining permission, but the negotiations lasted for six years until 2015. During this period, Sony Mobile had been delaying the licensing negotiations in a malicious manner. Finally, Xidian Jietong decided to protect its legitimate rights and interests through legal means.

On June 29, 2015, Xidian Jietong sued Sony Mobile for infringing its invention patent in the Beijing Intellectual Property Court.

After that, Sony Mobile filed an invalidation request for Xidian Jietong's patent No. ZL 02139508.X. On February 17, 2016, the Patent Reexamination Board of the State Intellectual Property Office decided to maintain the validity of the invention patent No. 02139508.X. "After receiving the invalidation request, we held an oral hearing in November 2015, and then formed a written decision on the invalidation request in 2016. The final conclusion of the decision was that we believed that the grounds for the invalidation request were not established, and then the patent right of Xidian Jietong was maintained in accordance with the law." Liu Bin, an examiner of the Second Division of the Communication Appeal of the Patent Reexamination Board of the State Intellectual Property Office, said in an interview about the trial process of this case.

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Shen Changyu, Director of the State Intellectual Property Office, speaks at the Open Day

It is reported that the selection and publication of the top ten patent reexamination and invalidation cases of the year is now in its eighth year. This year's selection activity conducts a comprehensive evaluation based on the degree of social attention paid to the cases, the typical guiding significance of the application of the review standards, the standardization and clarity of the decision documents, and other aspects, and determines the final results.

In the introduction of the "Top Ten" cases, the introduction of this case is "a request for invalidation of the invention patent with patent number: ZL02139508.X and name: 'A method for secure access to wireless local area network mobile devices and confidential data communication'. This case involves the standard essential patent of WAPI technology in my country's communications field, and has guiding significance for the determination of the evidentiary qualification of overseas website evidence during the trial of the case. The review conclusion is to maintain the validity of the patent right."

In a previous public event, a person from Xidian Jetcom said: "We believe that technical quality is the foundation of patent quality, proposal quality and industrialization quality. We carefully control the quality of each link and strive to deliver high-quality technical products and services to customers." Special emphasis on the importance of technical quality should also be the key to Xidian Jetcom's victory in the patent showdown with the international giant Sony Mobile.

Tips

What is "patent invalidity"?

Patent invalidation, the full name of which is request for declaration of patent invalidity, is a patent confirmation procedure. This procedure occurs after the patent is authorized. Anyone can file a request for declaration of patent invalidity against an authorized patent. If the patent is declared invalid after this procedure, the patent is deemed to have never existed. Otherwise, the patent continues to exist.

The top ten patent reexamination invalidation cases in 2016 are:

A method for secure access and data confidentiality communication of wireless local area network mobile equipment

1. A case of invalidation of the invention patent with the patent number ZL02139508.X and the name of “a method for secure access and confidential data communication of a wireless local area network mobile device”. This case involves the standard essential patent of WAPI technology in the field of communications in my country, and has guiding significance for the determination of the evidentiary qualification of overseas website evidence during the trial of the case. The review conclusion is to maintain the validity of the patent right.

Sewing Machine

2. The case of requesting for invalidation of the invention patent with the patent number of ZL03103421.7 and the name of "sewing machine". This patent involves many patent infringement disputes and has attracted attention from the industry. The protection scope of the claims was clearly defined during the trial of the case, providing basic support for subsequent infringement judgments. The review conclusion is to maintain the validity of the patent right.

A method and system for inputting artistic words/graphics into an application

3. The case of invalidation request for the invention patent with patent number: ZL200610127154.2 and title: "A method and system for inputting artistic words/graphics into an application". The case involves the dispute between "Sogou" and "Baidu" over keyboard input methods and is the first case of the Patent Reexamination Board's public hearing in 2016. The case well explains the determination of the publication time of traditional publication evidence republished in CNKI. The review conclusion is to declare the patent right partially invalid.

Spindle motor

4. The case of invalidation request for the invention patent with the patent number ZL201110369508.5 and the name “spindle motor” involves a dispute between two major optical drive manufacturers over thin optical drive. This case reflects the overall consideration of the technical solution in the creative judgment. The examination conclusion is to declare the patent right partially invalid.

Substituted 2-(2,6-dioxopiperidin-3-yl)-phthalimide and -1-oxoisoindoline and method for reducing tumor necrosis factor alpha

5. The case of invalidation of the invention patent with the patent number ZL97180299.8 and the name of "Substituted 2-(2,6-dioxopiperidin-3-yl)-phthalimide and -1-oxoisoindoline and method for reducing tumor necrosis factor α" involves lenalidomide compounds for the treatment of blood tumors. This case explains the principle of reviewing experimental data submitted after the application date. The review conclusion is to declare the patent rights invalid in their entirety.

Solid pharmaceutical dosage forms

6. The case of requesting for invalidation of the invention patent with patent number: ZL200480024748.X and the name of “solid pharmaceutical dosage form”. The patented drug involved is used to treat AIDS and has received extensive international attention. This case explains the identification of contrary technical inspiration in the judgment of creativity. The review conclusion is to declare the patent rights invalid in their entirety.

Carrier device

7. The case of invalidation request for utility model patent with patent number: ZL201320156576.8 and name: "Carrier Device", involving emerging aerial photography drone technology. This case explains the determination of technical content by technical personnel in the field. The review conclusion is to maintain the validity of the patent right.

New camera rail

8. Request for invalidation of utility model patent with patent number: ZL201320578735.3 and name: "New Camera Guide". This patent improves the camera guide of large cameras and has won many international awards. This case explains the principle of interpretation of technical terms in claims. The review conclusion is to maintain the validity of the patent right.

Off-road vehicle (Landwind E32 model)

9. The case of requesting for invalidation of the design patent with patent number: ZL201330528226.5 and name: "Off-road Vehicle (Landwind E32 Model)". The conclusion of the trial of this case has attracted wide attention. The review decision interprets the legal connotation of the subject of appearance design judgment "general consumer" and the specific steps of "overall observation and comprehensive judgment". The review conclusion is to declare the patent rights invalid.

Unlock the device by performing a gesture on the unlock image

10. The case of request for reexamination of the invention patent application with patent number: ZL200910175855.7 and titled "Unlocking the device by performing gestures on the unlocking image" involves the slide unlock function of Apple's mobile phone. This case explains the significance of accurately grasping the invention concept to the creative judgment. The examination conclusion is to revoke the rejection decision. The above content comes from the "World Intellectual Property Day" special program of "Hotline 12" broadcasted by CCTV12 Social and Legal Channel from 11:40 to 12:40 on April 26, 2017.