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Invalidity Cases(5)

Represented a Chinese tobacco group in a patent dispute case with a well-known US tobacco company

A Chinese tobacco group developed a new and unique cigarette case, reacted strongly after releasing it to the market. A well-known US tobacco company, who always pays close attention to Chinese tobacco market, sent a lawyer's letter to each Chinese tobacco group after discovering the new cigarette case on the ground of intellectual property right infringement, warning of legal actions if demand is not satisfied. This evolved into a confrontation in the field of intellectual property between China's tobacco industry and major US tobacco companies. If not responded to properly, US major tobacco companies will have all the say in the Chinese market, and this will set an example for world's other major tobacco companies to open China's tobacco market in a similar manner. This is no doubt a huge challenge for domestic tobacco companies.

Our team members accepted a commission to handle this case. Under the circumstance that the US company has obtained patents in many countries in the world and has a stable right that is hard to attack, our team members discovered the origin of the invention patent by combing through, defining clear evidence gathering ideas, and tracing the source. Under the guidance of correct thinking, they eventually found two pieces of favorable evidence. While actively preparing documents for invalidity based on the evidence, they showed the opponent the evidence and negotiated using validity as counter threat. Eventually, the US company was forced to give up the lawsuit and reached a settlement, resolving this crisis successfully.

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