Claiming costs to defend a parallel patent invalidation case? China’s Supreme People’s Court rules ‘no’
30 May 2023
If a patentee brings a case against an accused infringer - and that infringer previously challenged the patent - can the patentee claim the legal costs of defending the earlier challenge? After a long dispute running for several years, the Supreme People’s Court of the People’s Republic of China (SPC) has given a clear NO answer in a patent infringement case between Jinnuo Co., Ltd and Jinli Co., Ltd.
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