The Supreme People's Court recently issued a second-instance judgment on the patent infringement dispute between Huntsman Advanced Materials (Switzerland) GmbH ("Huntsman") and Zhejiang Longsheng Group Co., Ltd. and its two subsidiaries ("Lonsen"). The judgement increased damages to 19 million RMB based on the finding of patent infringement and ordered the payment of 500,000 yuan in reasonable rights protection fees.
This case was selected as part of the "Service for Opening-up" category in the 100 typical cases of the fifth anniversary of the establishment of the Intellectual Property Court of the Supreme People's Court.
During the appeal proceedings, the SPC held detailed hearing on Huntsman's appeal request regarding the compensation amount. Especially considering Lonsen's long-standing infringement and obstruction of evidence, the SPC increased the number of damages to 19 million RMB compared with first trial judgement, which fully reflects the attitude and determination of the Chinese courts to provide equal protection for foreign enterprises.
Partner Richard Liu provided legal services for the second instance proceedings of this case.