Entrusted by Huizhou Kerui Semiconductor Lighting Co., LTD., our company represents Kerui to file a petition to the court to request examination of the invalidation of invention patent judged by the State Intellectual Property Office. After the first instance trial, Beijing Intellectual Property Court supported all of our lawsuit requests and Kerui Semiconductor wins the lawsuit.
Recently, we have received the judgment of the Beijing Intellectual Property Court of the first instance, which ruled to revoke the decision of No. 33572 invalidation Reexamination made by Patent Reexamination Board of the State Intellectual Property Office. The State Intellectual Property Office will re-examine the request for invalidation of the Invention patent No. 201010235850.1 submitted by Huizhou Kerui Semiconductor Lighting Co., LTD.
The decision was made by the State Intellectual Property Office in response to Kerui made a request for invalidation of a patent owned by The Institute of Semiconductors of the Chinese Academy of Sciences for the invention of a gallium nitride light-emitting diode. The decision upheld the patent right of the Chinese Academy of Sciences in full force.
Our client Kerui is not satisfied with No. 33572 decision made by the Patent Reexamination Board of the State Intellectual Property Office on September 30, 2017, and hereby entrusting our company to file an administrative lawsuit to the Beijing Intellectual Property Court.
On behalf of our client Kerui, our company submitted 15 pieces of evidence to the court. After the trial and the cross-examination of evidence by both parties, the court finally determined that: the decision made by the State Intellectual Property Office should be corrected according to the law as the evidence is insufficient and the applicable law is wrong. Therefore the decision shall be revoked according to law.
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