On September 14, 2023, LegalOne - a research corporation for legal services worldwide - released its rating for the case "FMC secures pre-suit injunction in China for patent infringement," which was represented by GEN Law Firm. We are thrilled to share that this case has been awarded “LegalOne Merits (Exemplary)”. It means that this case is recognized as a model case for the industry given the unique merits it has presented. This case is indeed a very rare pre-suit injunction in a patent infringement lawsuit in China in favor of a foreign company in the recent years.
The GEN Law team members for this case include Jerry Xia, Simon Du, Aaron Zhou, and Melody Ye. As LegalOne noted, "GEN Law Firm provided assistance throughout the entire litigation process for FMC, encompassing the development of a litigation strategy and representation in all court proceedings and settlement negotiations. Notably, the law firm exhibited ingenuity by offering advice to FMC regarding forum shopping. A pivotal moment arose when the initial phase of the case encountered an impasse in Shanghai due to the city's pandemic-induced lockdown. The law firm therefore turned to the Ningbo Court for the pre-suit injunction application."
The case was heard in the Ningbo Intermediate People's Court, Zhejiang Province. On April 19, 2022, the court issued a pre-suit injunction, ordering the accused infringer a local Chinese company to cease offering sales of products that infringe on FMC's invention patent rights until the patent expires. The case is one of the few patent infringement cases where a pre-suit injunction has been granted by Chinese courts. Its selection as "LegalOne Merits (Exemplary)" showcases the significance of this decision which not only makes a good example for international IP owners but also may drive amendment of future judicial interpretations on the circumstances for preliminary injunction issuing.
Considering its merits, this case has also been recognized as "2022-2023 QBPC Top Ten Civil Litigation and Judicial Procedure Cases," "2022 Zhejiang Courts' Top Ten Intellectual Property Cases," and "2022 Ningbo Courts' Top Ten Intellectual Property Cases."
The details of LegalOne's evaluation of this case are available at: https://www.legaloneglobal.com/deal/d-1693452475227.
LegalOne
LegalOne is a global legal service research corporation with extensive knowledge of legal media. They supply valuable insights to business owners, general counsel, and decision-makers, from direct ratings and client testimonials to legal advisors, as well as appraisals and exclusive reviews of commercial transactions, dispute cases, and intellectual property matters.