Xu Bo
Xu Bo
Lung Tin Law Firm

Before joining Beijing Lungtin Law Firm in 2019, Dr. Xu had been engaged in intellectual property trial for 10 years successively in Beijing First Intermediate People's Court and Beijing Intellectual Property Court (BIPC). He heard more than 1,000 IP-related cases including those involving patents, trademarks, copyrights and unfair competitions. The patent case of Apple Inc. v. Patent Reexamination Board which Dr. Xu handled was elected as one of "China's Top 10 Innovative Intellectual Property Cases in 2014". Dr. Xu also participated in trials of patent infringement cases related to standard essential patents in ICT, such as Xidian Jietong v. Sony (China), Qualcomm v. Meizu. In addition, at the beginning of the establishment of BIPC, Dr. Xu, as the assistant of the first president of BIPC, deeply participated in a series of judicial reforms including the construction of intellectual property case guidance system, the construction of technical investigator system and the reform of the operation mechanism of judicial committee, which brought him a deep and comprehensive understanding on China's judicial system and its actual operation in practice.

Dr. Xu has made many speeches at professional conferences at home and abroad. He published his monograph Guide to the Application of Guiding Cases and Prior Cases in Intellectual Property Litigation in 2018, participated in the research of "empirical research on the application of intellectual property cases" and "major issues in the fourth revision of Chinese Patent Law" which were organized by the Supreme People's Court, and published more than 30 professional articles in journals including Intellectual Property, People's Judicature, Electronics Intellectual Property, China Patents & Trademarks, China Intellectual Property, People's Court Daily and Beijing Trial.

Work Experience:

Lung Tin Law Firm, Partner, Executive Director, Attory at Law

Beijing Intellectual Property Court, Senior Judge

Beijing First Intermediate People's Court, Judge

Social Activities and Honors:

Deputy Secretary General of Intellectual Property Professional Committee of Case Law Research Association of China Law Society

"One-hundred-legal-talents of Beijing"

Financial project evaluation expert of China Association for Science and Technology

Mediator of Beijing Internet Court

Expert of China (Yantai) Intellectual Property Protection Center

Expert of Chengdu Hi tech Zone Bioindustry Experts Association

  • patent
  • trademark
  • copyright
  • business secret
  • antitrust legislation
China
Xu Jing
Xu Jing
King&Wood Mallesons

Ms. Xu specializes in intellectual property litigation, and her experience includes managing litigation matters related to infringements of patent, trademark and copyright, as well as antitrust and unfair competition.

Ms. Xu has extensive experience of about 20 years in representing a diverse range of companies in IP infringement litigation, IP-related antitrust lawsuits, and administrative court appeals in China. Ms. Xu as a lead and trial counsel handled various series of lawsuits in China for patent wars between well-known multinational and domestic companies. Ms. Xu has extensive and comprehensive experience in matters relating to SEPs of telecommunication industries. She has been advising famous US, Chinese, Japanese and German companies in SEP-related matters and also represented them in the licensing negotiations as well as lawsuits. She has helped resolve high-stakes IP disputes for global technology leaders as well as companies in luxury, telecommunications, software, banking, internet, chemical engineering, machinery, consumer electronics, electric equipment, medical devices and automobile industries.

Ms. Xu has been focusing on delivering practical and innovative solutions to clients involved in high-profile IP disputes with cutting-edge legal issues. Many of the cases were selected as “representative cases” by PRC Courts or received attention from industries for her strong and innovative representation.

Ms. Xu is a researcher of Williamson Center for Laws, Economics and Organizations of Shandong University, and attended several seminars relating to SEPs and antitrust issues.

Some of the cases represented by Ms. Xu are as follows:

Sichuan Golden Elephant Sincerity v. Shandong Hualu-Hengsheng – A series of litigation involving infringements of patent and trade secrets, which the plaintiff’s damages claim in RMB 218 million was supported by the court. This series of cases involved both civil actions and criminal enforcements, and some of the rulings, such as determination of joint willful infringement and corresponding liabilities and damages calculation, have exemplary effects for future cases. This case was selected by Supreme People’s Court and its IP Tribunal as Top 50 Representative Cases and the Cases of Year, respectively, in 2022.

Emerson Zhuhai v. Shenzhen A.R. – patent ownership case that is the very first case in which a Chinese court awards damages and reasonable enforcement costs in consideration of the defendant’s malicious actions when dealing with a patent ownership dispute. This case was listed as Top 10 Civil and Administrative IP Cases of Shenzhen Courts in 2021.

NaviInfo v. Qihoo 360 Technology – a copyright infringement and unfair competition case. Under the circumstance that the factual finding and legal application of the first instance judgment were both extremely unfavorable to the client, KWM team successfully persuaded the final instance court to grant copyright protection for electronic map data as a whole. This case was the first final judgment in which the Chinese court confirms the copyright nature of electronic map data as a whole, based on which e-maps are formed. This case was selected as “Top 10 IP Innovative Technology-related Cases” by Beijing Intellectual Property Court.

Emerson v. Xiamen Anjier – unfair competition litigation that is the very first case that a Chinese court finds that trademark piracy without substantial use or malicious assertion of the pirated marks also constitutes violation of Article 2 of the Anti-Unfair Competition Law, enjoining the defendant from registering same or similar trademarks and ordering the actual controlling person and the agent to bear joint liabilities for damages. This case was selected as Top 10 IP Cases of Fujian Courts as well as Top 10 IP Cases of Xiamen Courts, the Case of Year of Quality Brands Protection Committee of China Association of Enterprises with Foreign Investments (QBPC) and Impact Case of the Year in China by Managing IP in 2021.

Christian Louboutin v. the Trademark Review and Adjudication Board - an administrative court appeal against a refusal decision on an international application for registering the “Red Sole”. This case is the first time that PRC Supreme Court rules that a type of subject matter not explicitly listed in the trademark law is also registrable. This case was selected as one of the top 10 typical trademark licensing and confirmation cases in 2019 by Beijing Intellectual Property Judicial Protection Association.

  • patent
  • trademark
  • copyright
  • antitrust
China
Guo Chen
Guo Chen
Jingtian & Gongcheng Law Firm

 Ms. Chen Guo obtained her B.S. in Chemistry from Wuhan University and her J.M. from Peking University.

Ms. Chen has worked in Jingtian & Gongcheng since 2018 and was approved to be a partner by the firm in 2021. Prior to this, she worked nearly 10 years with China National Intellectual Administration and NTD.

Ms. Chen specializes in intellectual property related legal services and is familiar with patent application and review procedures. She is good at specific services including patent invalidation, patent infringement, patent-related administrative litigation, IP licensing, trade secrets and prohibition of competition, and IP strategy formulation. Ms. Chen has a solid legal foundation, good communication skills and keen insight, and can accurately grasp the needs of clients and provide them with practical and timely legal services. Ms. Chen has extensive experience in handling patent infringement and invalidation cases, involving industries such as chemistry, medicine, communications, and semiconductors. She also provides legal services for clients on pre-IPO due diligence, FTO, licensing negotiations, and formulation of intellectual property systems in non-litigation projects.

Representative clients of Ms. Chen include: Huawei, OPPO, Hytera, CATL, Infosec, Intel, Kingston, CEMTECK, Harbour BioMed, Wyeth LLC, Wacker, Merck, BASF SE., etc.

Ms. Chen was admitted to PRC bar and patent attorney.

Work Experience

Jingtian&Gongcheng LawFirm Associate, Partner

DeHeng LawFirm Associate

NTDParalegal

China National Intellectual PropertyAdministration Examiner

ProfessionalQualifications

Qualified PRCLawyer

Patent AttorneyLicense

Representative Cases

Represented Huawei in its series of SEPinfringement and invalidation disputes with Samsung.

RepresentedOPPOin its series of SEPinfringement disputes with ACT.

Represented Hytera in its patent infringement and invalidation disputes with Motorola.

Represented CATL in its series of patent infringement disputes with TAFEL.

Represented Kingston in its series of patent infringement and invalidation disputes with Helsinki.

Conducted patent due diligence and issued legal opinion for the listing ofHarbour BioMed on the Main Board of the Hong Kong Stock Exchange.

Conducted FTOdue diligence and issued legal opinion to CMBinternational in relation to its investment in Yuanhua Intelligence.

Represented CEMTECKin his technologylicense dispute with FONSTechnologyApS.

  • Litigation and Dispute Resolution
  • Antitrust and Competition
  • Intellectual Property
China
Yibo HE
Yibo HE
Fairsky Law Office

Mr. He served as patent examiner and re-examiner before joining Fairsky. He concluded examination of more than 700 invention patent applications, 200 utility model patent applications and 40 reexamination cases. One of the reexamination cases handled by him was awarded as one of the top ten cases of 2017 patent reexamination / invalidation. Mr. He has profound experiences in patent invalidation and infringement opinions, and participates in patent invalidation proceedings, patent administrative litigations and patent infringement litigations.

Social Title

Director of Working Committee of Intellectual Property Protection of WFCMS

·Advanced enterprise compliance engineer of China General Chamber of Commerce

Title Qualification

·Senior intellectual property professional

Social Position

·Member of the Intellectual Property Protection Working Committee under World Federation of Chinese Medicine Societies

·Senior corporate compliance officer of the China General Chamber of Commerce

·Member of the Intellectual Property Law Association of CLS

·Member of the Intellectual Property Business Research Committee of Beijing Chaoyang Lawyers Association

·External part-time lecturer of the School of Medicine and Pharmacy of Ocean University of China (September 2023 to August 2026)

·Member of the Intellectual Property Law Association of CLS

·Member of the Intellectual Property Business Research Committee of Beijing Chaoyang Lawyers Association

Professional Experience

1.Represented Haihe Pharmaceutical Co., Ltd., vs. Chugai Pharmaceutical Co., Ltd., in the first litigation case of pharmaceutical patent linkage regarding the medicament "Eldecalcitol Soft Capsules", the case being rated as one of "Top Ten Intellectual Property Cases in Chinese Courts in 2022" and selected as one of "2022 Top Ten Nominated Cases for Advancing the Process of Rule by Law in the New Era", etc.

2.Represented Humanwell Pharmaceutical Co., Ltd., vs. Purdue Pharma L.P., in the first administrative adjudication case of pharmaceutical patent linkage regarding the "Oxycodone Hydrochloride Sustained-release Tablet", with recognition of the technical solution of Humanwell Pharmaceutical Co., Ltd. not falling into the protection scope of the registered patent.

3. Represented Zhonghua Chemical et al., vs. Wanglong Group et al., in the case of know-how infringement regarding the "Vanillin", the case being rated as one of "Top Ten Cases in the People's Court in 2021" and selected as one of "Top Ten Intellectual Property Cases in Chinese Courts in 2021", etc.

4.Represented Yangtze River Pharmaceutical Group, vs. H LUNDBECK AS, in the case of patent infringement regarding the "Vortioxetine", forcing the opposite party to withdraw the lawsuit through non-infringement defense.

5.Represented JIANGSU LISIDE, vs. Clariant (Germany), in the set of cases of patent infringement/administrative adjudication regarding the "Aluminum Diethylphosphinate Flame Retardant", finally forcing the opposite party to withdraw the lawsuit/the request for administrative adjudication.

6.Represented Humanwell Pharmaceutical in the case of request for invalidation of the set of invention patents regarding the "Oxycodone Hydrochloride Sustained-release Tablet" held by Purdue Pharma L.P., successfully invalidating all patents involved.

7.Represented LISIDE in the case of request for invalidation of the set of invention patents regarding the "Aluminum Diethylphosphinate Flame Retardant" held by Clariant (Germany), successfully invalidating the whole or part of patents involved.

8.Represented Shanghai Cathay in response to the case of Shandong Guiyuan's request for invalidation of invention patent, successfully upholding the validity of the patent involved.

9.Represented IMEIK in response to the case of Sui's request for invalidation of invention patent, successfully upholding the validity of the patent involved.

10. Acted as intellectual property advisors in biopharmaceutical and chemical enterprises (e.g., CSPC Pharmaceutical, Sumitomo Pharmaceutical, SUZHOU EDDING, BEIJING COSCI, Viconepine, and JIANGSU LISIDE).

11.Performed technology transfer consulting services to biopharmaceutical and chemical entities (e.g., Jianchangbang Pharmaceutical, Jinyu Bio-TECHNOLOGY, Fuwai Hospital, SHENZHEN HERZ, Suzhou Healthy Tree, and JIANGSU LISIDE).

12.Organized a patentability search and analysis project covering FTO search and analysis of Class 1 small molecular COVID-19 drugs and patent applications relating thereto.

13.Organized a patentability search and analysis project covering FTO search and analysis of GIP and GLP-1 dual agonist peptide drugs and patent applications relating thereto.

14.Organized a project covering FTO search and analysis and subject search of strain+OMV protein multivalent combination meningococcal vaccines.

15.Organized a project covering FTO search and analysis of monoclonal antibody drug injector.

16.Organized a risk evaluation project for trade secrets in the BD process of hormone drug.

17.Organized a due diligence project on intellectual property rights for a certain LNP technology.

18.Acted as examiner for patent substantive examination, patent reexamination, PCT, and preliminary examination on utility model during service with CNIPA, holding qualification of acting as chairman of collegiate panel. Acted as chief examiner in the case rated as one of top ten cases of patent reexamination invalidation in 2017.

  • patent
  • trade secret
  • technology contract
China