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The 36th Private Law and Intellectual Property Right Lecture of PKU Held Successfully

On the afternoon of October 15, 2015, the 36th Private Law and Intellectual Property Right Lecture and the 6th“Power-Nation Lecture” was successfully held in the Lecture Hall of Koguan Building, hosted by Research Center of International Intellectual Property of Peking University, Research Base of National Intellectual Property Strategy Implementation (PKU) and Power-Nation Institute of Intellectual Property (Beijing). Three Partners of Finnegan Law Firm, Mr. Patrick j. Coyne, Ms. Erik r. Puknys and Mr. Barbara r. Rudolph were invited to the lecture as representatives of the U.S. intellectual property practice, and Pro. Li Shunde from Law Institute of China Academy of Social Sciences, Ms. Liu Xiaoyu from IBM Intellectual Property Department were as representatives of the Chinese intellectual property. With the theme of "the Latest Cases and Development of Patent Judicial Protection in China and U.S. ", the lecture was commented by Pro. Liu Yinliang from Peking University Law School, Ms. Sun Bin from BOE Technology Group and Mr. Yang Xuri from Power-Nation Institute of Intellectual Property (Beijing),attracting many students and practitioners to attend.

In the lecture, Mr. John Coyne from Finnegan first introduced the latest development of patent lawsuits in the United States. Mr. Coyne pointed out that, since the American Innovation Act comes into force, the procedure of patent review by Patent Trial and Appeal Board (PTAB) of USPTO has some subtle change. Then Mr. Coyne introduced the latest cases in the recent controversial and hot areas in the past two years.

Subsequently, Ms. Rudolph analysed the typical cases, including Nautilus, Inc. v. Biosig Instruments, Inc., Dow Chemical Co. v. Nova Chemicals Corp., Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., Cephalon, inc. v. Abraxis Bioscience LLC. Another partner of Finnegan Mr. Puknys explained the trial of the software patent with the cases Nuance v ABBYY Software and i4i v. Microsoft.

After the speaking of U.S. representatives, Professor Li Shunde, as a representative of China, made a detailed introduction of the chinese judicial protection development. After that Ms. Liu Xiaoyu shared her opinion in Nokia v. Hua Qin as well as the small i robot case in China. At last, as commentators, Pro. Liu Yinliang, Ms. Sun Bin and Mr. Yang Xuri conducted a long discussion with participants in hotspot problem like technology judge and double-track of judicial administrative litigation. The lecture extended 40 minutes and ended at 6:10 PM.

 

Introduction of the Lecture:

Patent judicial protection has currently entered a new stage. Lots of typical cases appear under the law practice in China and U.S., such as the Alice case in U.S., Nokia v. Hua Qin in China, small i robot case, Commil v. CISCO etc. These cases will be discussed in the lecture, with the hope of providing reference for the subsequent judicial protection and providing guidance to patent litigation for businesses.


Mr. Puknys (Lawyer)


Prof. Li Shunde


Commentator Mr. Yang Xuri


Pro. Liu Yinliang (right), Ms. Rudolph (2nd from right), Mr. Coyne (4th from right)

 

Translated by: Deng Bowen

Edited by: Xia Jing