Banner Witcoff attorney Jason S. Shull and Xia Zheng, founder and president of AFD China Intellectual Property, examined the U.S. and Chinese patent law systems for a Dec. 2 Law360 expert analysis.
In their article, Jason and Xia analyze various aspects of the two systems and provide an overview of key prefiling considerations, legal standards, defenses, and available remedies for patent infringement in China.
The duo’s article also details several obstacles that patent owners will face in China as compared to litigation in the U.S., and stresses the importance of U.S. companies including China in their global patent litigation strategies.
“To maximize the likelihood of successfully enforcing its patent rights in China, a company should become familiar with the similarities and differences between the Chinese and U.S. systems as it develops an effective approach to its international strategy,” the authors note.
Their article, “Your Global Patent Litigation Strategy Should Include China,” is available online to Law360 subscribers.
Posted: December 2, 2019