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DeHeng Successfully Represented STAR Market Listed Company

MEMSensing in Five Patent Cases

2020-09-17


Recently, DeHeng Shanghai Office has received five rulings from the Suzhou Intermediate People's Court, which are about the disputes over the ownership of the patent right/patent application right filed by the plaintiff Goertek Co., Ltd. ("Goertek") against the defendant Suzhou MEMSensing Microsystems Co., Ltd. ("MEMSensing") and its employees. These five cases are part of the series of intellectual property disputes between the two companies.


The five cases were all filed when MEMSensing was preparing for its listing on the STAR Market. The plaintiff Goertek claimed that the patent/patent applications in question were works done by natural persons within one year after their resignation from the plaintiff, in connection with their duty or work assigned by the plaintiff and requested the court to affirm the invention patent application/patent in question as a service invention as well as plaintiff's ownership thereof. The ownership of the patent application/patent in question was the shared focus in series of cases.


Lawyers Han Ying, Chen Zhe, Zhang Feng, and Yin Wen of DeHeng Shanghai intellectual property team has represented MEMSensing and its employees. Starting from the legislative intent of the Patent Law and the Implementation Rules of the Patent Law, they believed that the articles of service invention should protect the original entity's research and development efforts, without damaging the new entity's initiative of creativity. "Inventions and creations made by persons within one year after their retirement, transfer away from the original entity, or the termination of their labor or personnel relations" are not necessarily equated with service inventions. The ownership should be decided on the basis of the evidence provided by both parties, which determines whether the defendant has improperly used the plaintiff's research and development efforts through the plaintiff's former employee(s). Consideration should be given to not only technological relevance, but also technical issues, technical means, and substantive inventions, so as to balance the interests between the plaintiff and the defendant and encourage fair competition within the industry. This argument was supported by the court of first instance. The court of first-instance made its rulings of "dismissing all requests of the plaintiff Goertek". DeHeng lawyers has successfully represented MEMSensing, a listed company on the STAR Market, in the first-instance trials. 


Intellectual property is the core asset for market competition of listed companies on the STAR Market, and the guarantee for their independent and sustainable operations in the market. Major ownership disputes, litigation and arbitration over intellectual property are important factors affecting companies listed and companies to be listed on the STAR Market. As legal counsel, DeHeng lawyers has represented the client in the five "patent wars" during the client's listing on the STAR Market, and provided professional, efficient and high-quality legal services.


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The intellectual property team of DeHeng Shanghai Office

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