Recently, the National Intellectual Property Administration (CNIPA) issued Invalidation Decision No. 630559, declaring utility model patent No. ZL201820439278.2, titled "A Non-symmetric Diaphragm Pump," entirely invalid. Llinks Intellecutual Property team, led by partner Ms. Cherri Che, represented the petitioner, an industrial company based in Jiangmen, Guangdong Province.
This patent had previously survived four invalidation challenges. When the client prepared to launch the fifth attempt, they entrusted the case to the Llinks Intellecutual Property team. The team re-examined the technical facts, constructed a brand-new attack-and-defense strategy, and focused precisely on the core legal issue of inventiveness.
During the oral hearing, the Llinks team engaged in a rigorous debate with the patentee regarding key distinguishing technical features. The team presented compelling arguments across multiple dimensions—including technical principles, inspiration from evidence combinations, and legal standards—fully demonstrating the clear technical teaching provided by prior art.
The collegial panel ultimately adopted Llinks' representative opinions. The decision explicitly pointed out that Prior Art Evidence 3 (US3871268A, published in 1975) disclosed the relevant non-symmetric structure and served the same function as the patent in question, thereby providing technical teaching. This patent document from nearly half a century ago was precisely retrieved and locked as key evidence from a vast database, laying a solid foundation for the final breakthrough.
The success in this case not only cleared the core obstacle for the client in patent infringement litigation but also showcased Llinks' solid technical understanding and exceptional litigation strategy in complex patent invalidation cases. Facing a situation where the previous four invalidation attempts failed to achieve a breakthrough, the Llinks team secured a comprehensive success through meticulous prior art mining, rigorous logical reasoning, and professional performance during the oral hearing.
Llinks Engagement Team
Cherri Che, Partner
