Dow Corning's patent was declared invalid and the patent infringement case was overwhelming

On December 17, 2014, the Patent Reexamination Board of the State Intellectual Property Office officially issued a document stating that Dow Corning Toray Co., Ltd. patent No. 200480028707.8 - "curable organopolysiloxane composition and semiconductor device" The patent rights are all invalid. As the patents involved were all invalidated, Dow Corning (China) Investment Co., Ltd. sued our company's LED silicone encapsulant in Shanghai No. 1 Intermediate People's Court – KMT-1269 patent infringement case will also be based on the lack of litigation rights turn down. At this point, our company and Dow Corning Company have experienced eight months of patent infringement disputes, and finally came to the fore.

Here, our company would like to express our sincere gratitude to the new and old customers, industry peers, industry associations and relevant authorities for the long-term trust and support of the company, especially to Beijing Linda Liu Intellectual Property Agency and Beijing. Wei Qixue Law Firm's efforts during the lawsuit.

[Event review]

On April 14, 2014, our company received a subpoena issued by Shanghai No. 1 Intermediate People's Court. Dow Corning Toray Co., Ltd. (hereinafter referred to as “Dow's Corning”) authorized its subsidiary Dow Corning (China) Investment Co., Ltd. ( The following is referred to as “Dow Corning Company”. It filed a civil lawsuit against our company's KMT-1269 product, claiming that our company's products infringe Dow Corning's patent right in the invention patent No. ZL200480028707.8.

On April 18, 2014, Dow Corning issued a message on its homepage, “Dow Corning set out to defend its industry-leading LED optical silicone potting compound important Chinese patent”, without a court hearing and no ruling. It claims that our company uses its patented technology to produce and sell products, and claims that the phenyl-containing high-refractive silica gel sold on the market infringes its patents.

On April 21, 2014, our company issued a “Statement on Dow Corning’s Prosecution of Patent Infringement of Our Company” on the company’s homepage, and made a formal response, stating that “KMT-1269 is our company’s independent research and development products, and our company will be active. Respond to and protect the legitimate rights and interests of our company." At the same time, in response to Dow Corning's undecided court and without any court judgment and ruling, the company claimed that the company's KMT-1269 product patent infringement, "we will retain any malicious acts that damage our company's reputation." The right to pursue their legal responsibility.".

On April 28, 2014, the Patent Reexamination Board of the State Intellectual Property Office officially accepted the invalidation request of our company for the invention patent of Dow Corning No. ZL200480028707.8. In the request, our company proposed that the patent content has been disclosed in many existing technical documents, and does not comply with the provisions on novelty and creativity in the Patent Law, and should be declared invalid according to law.

On August 4, 2014, the Patent Reexamination Board of the State Intellectual Property Office issued a letter to Dow Corning's “Reply for Invalidation Request”. Dow Corning made a merger modification of the above-mentioned patent claims, which greatly reduced the scope of the claims of the patents involved.

On September 16, 2014, the Shanghai No. 1 Intermediate People's Court conducted a cross-examination of the above-mentioned patent infringement disputes in the form of a preparatory court. As Dow Corning actively reduced the scope of the claims, resulting in changes in the basis of litigation, the court did not make any judgment / ruling in court.

On November 13, 2014, the Patent Reexamination Board of the State Intellectual Property Office conducted a public oral hearing on the above-mentioned invalidation request for Dow Corning China patent.

On December 17, 2014, the Patent Reexamination Board of the State Intellectual Property Office officially issued a document stating that the patent rights of the Dow Corning patents in the above ZL200480028707.8 were invalid.

This article Source: Kangmeite official website

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