Beijing High Court recently made a ruling in a patent
invalidation administrative litigation, vacating the lower
court's ruling and affirming the Patent Reexamination
Board's decision, which announced the patent concerned invalid.
See Judgment: (2014) Gao Xing Zhong Zi No.1198. CCPIT requested for
invalidation of the patent as attorneys of the petitioner and got
the final success.
The case involved a utility model patent titled "Touch
Pattern of Capacitive Touch Panel". The invalidation decision
was made on the grounds of lacking novelty or inventive step. The
issue at dispute concerns claim construction. The first instance
court introduced extrinsic contents not described in the claims and
specification to limit the claim scope when construing the claims.
The High Court held that the way of interpretation by the lower
court should be corrected. The High Court's judgment is
significant in guiding claim construction for future invalidation
The success enhanced the client's position in the co-pending
infringement litigation, and also in the related litigations in
U.S. This case also has a great influence on the touch screen and
smart phone industry in view of the dominating positions of the
Originally published August 2015
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