Llinks Law Offices has recently been notified of the final judgment rendered by the Supreme People's Court in the case numbered (2023) Supreme Court Intellectual Property Civil Final No. 1786. The appellate court's decision to affirm the damages awarded by the trial court brings to a close a two-year-long patent rights defence litigation in favour of Llinks' client. The patent in dispute, 'A Support Structure for an LED Display Screen and the LED Display Screen', is a design awardee by DIA (China Design Intelligence Award) for its innovative and aesthetic base structure used to support LED display screens. It was selected by a renowned automotive company for display in their 4S dealership showrooms across China.
Upon discovering unauthorized market encroachment, the rights holder engaged Llinks to enforce their patent rights. Llinks' IP team meticulously designed a strategy that included administrative actions and evidence collection in multiple cities such as Tianjin, Zhongshan, and Shenzhen. This effort established that the defendant had been manufacturing, selling, and offering for sale the infringing products without authorization on a large scale. The trial court awarded substantial damages for infringement based on this evidence.
The defendant appealed the trial court's decision to the Supreme Court, which, after reviewing the evidence, confirmed that the defendant, as a manufacturer, had supplied at least 353 units of the infringing support structures to 709 4S stores in mainland China. Given the substantial sales volume when combined with the LED display screens, the Supreme Court upheld the original damages awarded by the trial court. Moreover, the application for property preservation ensured that the client's legal rights and interests were effectively safeguarded.
The case was managed by Ms. Cherri Che, a partner at Llinks Law Offices with a background in science and engineering, and a qualified patent attorney who has handled numerous precedent-setting patent cases. Looking ahead, it is anticipated that Llinks and Llinks IP team will continue to deliver cutting-edge patent rights defence solutions. Their commitment to excellence is expected to yield further significant achievements in the realm of intellectual property law.
