Petitioner of the “Mobike Case”Withdraw from their Request for the Patent Infringement Administrative Trial

9-3-2018

On March 3rd, Shenzhen Lingyun Technology Co., Ltd. ??filed a patent infringement dispute administrative processing request?at Beijing Intellectual Property Office, advocating?Mobike?Technology Co., Ltd. infringed its "Internet access temporary device authorization device and method" invention patent, and?requested Beijing Intellectual Property Office?to?order to stop the infringement.

On March 21, the relative person in charge of Mobike?responded by saying: "we do?not agree with the petitioner's request?and will actively seek a solution to the matter through legal channels." Mobike?subsequently entrusted?Sunshine Intellectual Property International?Co., Ltd. to handle this case. In the verdict of the case organized by the Beijing Intellectual Property Office, we advocate non-infringement defense and do not consider it as infringing. Our firm?has fully analyzed that the patentee may argue that the user and the temporary user may be the same person in the administrative procedure of the patent infringement dispute. Therefore, while making a non-infringement defense, we?also filed a patent?invalidation request to?the Patent Reexamination Board of the State Intellectual Property Office.

On September 27, the Patent Reexamination Board organized a public hearing on this?case. The case is the sixth case in which the Patent Reexamination Board organized the public hearing of major cases. Since the invalidation claim mainly relates to the related technology for setting the unlocking right of the user in the access control system of the internet, it can directly authenticate the unlocking user to?authorize their using qualification, which belongs to the core technology in the remote unlocking technology. Therefore, there is a significant impact?to the industry, involving major economic interests, and social influence.?Thus, the Patent Reexamination Board set up a five-person collegial panel for this trial, and all the members are either experts from the relevant technical field and legal experts as?well.

During the oral hearing procedure for this patent invalidation trial, the patentee clarifies that the user and the temporary user in the disputed patent claim are not the same person. Therefore, according to the principle of "no estoppel", the patent owner can no longer claim the user in the administrative proceeding of patent infringement and the temporary user is the same person, it is impossible to determine the establishment of infringement, therefore the petitioner withdraw the request the day before the oral hearing of the patent infringement dispute administrative proceedings. Sunshine perfectly combined?the?patent infringement dispute administrative procedures and patent invalidation declare procedures, contributed to end the case as soon as possible, which is a great significance?these internet innovative companies such as?Mobike.

Sunshine litigation team has rich practical experience in providing targeted legal services to all kinds of enterprises in our country. With many years of rich experience in intellectual property litigation and invalidation?practices and providing clients with high-quality legal services, many achievements have been made, and won the praise of the industry and customer recognition.

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