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Reversing the review Decision of refusal against the mark “Ambery”No. 6438386 on behalf of Yashili International Group Co., Ltd.
Yashili International Group Co., Ltd. (the applicant) files a trademark application for the mark "Ambery" in Class 5 and the application Number is 6438386. The TRAB views that Ambery is easily deemed as amber, which is a kind of Chinese herbal medicines, and is likely to be confused as the material/composition of the goods in class 5, so the mark cannot be approved for registration in accordance with Article 11.1 (7) of the Trademark Law. Boss & Young filed an appeal against the Decision with Beijing intellectual property Court on behalf of the applicant. Boss & Young argued that the word “ambery” is created by the applicant and has no meaning, so it will not confuse as the material/composition of the goods. The arguments were supported by the Court and this mark was approved for registration.
The "HiSense" mark in German
By 2000, the "HiSense" mark filed by Hisense Group was refused for registration in Germany, Hisense Group got the information that the “HiSense” mark was preregistered by German Boshi company. The negotiations between the two parties had conducted for five years, and at last German Boshi company decided to assign this mark to Hisense Group for €40,000,000. This agreement was not made. In February 2004, Hisense Group participated in the exhibition of furniture in Cologne, Germany, but in August 2004, Hisense Group received the Boshi Company's complaint, accusing the use of "HiSense" mark by Hisensein Group in the exhibition infringed the right of Boshi Company and asked for compensation of €250,000. Boss & Young acted as Hisense’s agent and took measures: 1. Actively respond to prosecution and organized a strong team of lawyers to put out with the struggle; 2.Conducting cancellation against the mark “HiSense” registered by Boshi company in German and European Union based on be in had faith; 3, Reporting this situation to Chinese national governments and asks for government’s support; and 4, Releasing this situation to news media to get the majority of national sympathy and support. Finally, Boshi company gave the “Hisense” mark back to Hisense company.
The "Jin Mei" mark in Hong Kong
Boss & Young filed an opposition against the Hong Kong mark “Mei brand Zhenjiang balsamic vinegar” No. 300244926 on behalf of Jiangsu Cereals, Oils and Foodstuffs Import and Export Group Co., Ltd. With the actively getting the evidence to support the high fame of “JIN MEI” owned by the applicant and the action of defendant being in bad faith, the Hong Kong Intellectual Property Office refused the registration of the mark “Mei brand Zhenjiang balsamic vinegar” and at the same time made the defendant compensate a reasonable fee raised by the opponent.
The "Bosideng" mark in Taiwan
Boss & Young filed a dispute against the Taiwan mark “Bosideng PST PO SZU TENG”No. 1125622 in Class 24 (Hereinafter referred to as the "Disputed Trademark") on behalf of Bosideng company. With the actively getting evidence to support the ownership of Bosideng company and high fame, the disputed mark was successfully revoked.
Method for producing "Liangjun" syrup, ZL92110554.1
The patent was maintained valid by the Patent Reexamination Board. Boss & Young won the first instance of the administrative litigation. The opposite side gave up the appeal. This case is always referred as a classic case in the public speech of the judges of the Supreme Court.
Medicinal composition for treating angina pectoris and coronary heart disease, ZL01131203.3
The patent was maintained valid by the Patent Reexamination Board. Boss & Young won the first and the second instance of the administrative litigation relating to the patent. The decision and judgment of the case constitute a classic case about the issuing of the Chinese medicinal standard do not regarded as a disclosed substance to the public.
Declaring patent No. ZL93109045.8 (Stereoselective glycosylation process) invalid (Gemcitabine)
This case has an extensive influence in the field of patent right conflict. Boss & Young provided agency service in the invalidation process, the first and the second instance of the administrative litigation. The patent was finally declared invalid. Boss & Young also represented the defendant in the patent infringement proceedings, and the plaintiff lost.
Declaring patent No. ZL96106635.0 (Process for preparing pharmaceutical formulation containing insulin analog) invalid (Monomeric Insulin Lispro); Declaring the patent No. ZL95106567.X (Monomeric insulin analog formulations) valid (compositions of Insulin Lispro); Declaring the patent No. ZL95106568.8 (Insulin analog formulations) valid (Long-acting preparations of Insulin Lispro)
Boss & Young provided agency service in the invalidation of the three patents related to Insulin Lispro at the same time. Because Boss & Young successfully found strong evidence from abroad to proof that the substantial content of the patents had been disclosed before the application date, therefore, one patent was declared invalid in part, and the other two were declared invalid in whole.
Declaring patent No. ZL99812498.2 (Methods for administration of antibiotics) invalid (Daptomycin)
Boss & Young provided agency service in the invalidation proceeding of the patent. The patent was declared invalid. And in the first and the second instance of the administrative litigation initiated by the opposite side, Boss & Young convinced the judge to maintain the decision that the patent should be declared invalid. In the retrial hearing procedure at the Supreme Court initiated by the opposite side, Boss & Young received the verdict of maintaining the judgment of the second instance. The case was selected as one of the top ten cases in the year 2013 both by the systems of the Supreme Court and of the Patent Reexamination Board. The case has an extensive influence in the patent field.
Declaring patent No. ZL96195564.3 (Crystalline atorvastatin hydrate and the preparation method thereof) invalid (Lipitor)
Boss & Young provided agency service in the invalidation proceeding of the patent. The patent was declared invalid. After going through the winning of the first instance of the administrative litigation and the loss of the second one, the Patent Reexamination Board and Boss & Young all initiate a retrial procedure at the Supreme Court. After the retrial hearing and the formal arraignment, the Supreme Court made the final decision of abrogating the judgment of the second instance and maintaining the judgment of the first instance. The patent was finally declared invalid. Boss & Young also provided agency service for the defendant in the infringement proceeding initiated by the patentee, and Boss & Young successfully convinced the judge that the plaintiff failed to provide evidence, and forced the patentee to withdraw the action.
Declaring patent No. ZL97197460.8 (Nucleotide analogs) invalid (compound patent of Tenofovir) and wining the first instance of the administrative litigation related to the invalidation
Boss & Young represented the client in the invalidation procedure. The compound patent was declared invalid. And Boss & Young also represented the client in the subsequent administrative litigation procedure, and won. Tenofovir was one of the most important anti-hepatitis drugs around the world so far. In China, generic drugs of Tenofovir were not available in the market. The compound patent of drugs had always been considered as the patent that could not be challenged or the possibility of wining was considered to be very low. However, in such an important case, on behalf of the client, Boss & Young successfully cause the compound patent to be declared invalid.
Wining the patent infringement litigation relating to patent No. ZL01817895.2 (Treatment of gastrointestinal stromal tumors); Declaring the patent invalid; Wining the first instance of the administrative litigation for the patent (patent of the use of imatinib mesylate, Glivec)
Boss & Young represented the client, positive coped with the infringement allegations, and fought back with invalidating the patent, and won the infringement litigation, the invalidation of the patent and the first instance of the administrative litigation. The invalidation case was selected as one of the top ten cases by the Patent Reexamination Board in 2015, and the administrative litigation procedure was selected by the Beijing Intellectual Property Court as the public trial activities of the public open day of the court in 2016, and it was also selected as one of the top cases by the Beijing Intellectual Property Court in the year.
The invalidation and administrative litigation of patent No. ZL200480034152.8 (liraglutide)
Boss & Young represented the generic drug companies in China and challenged the patent. Boss & Young provided agent service for the invalidation of the patent and the administrative litigation, and won the invalidation case. The administrative litigation is not completed. This case has a large influence in the society as there are a large number of diabetics in China. And there are substantial problems in the patent of Novo Nordisk. The existence of the patent influences the availability of the drugs for people in China.
The infringement litigation relating to patent No. ZL200680025545.1, Medivation & Astellas vs. Kelun Sichuan, with respect to the registration of the generic drugs
Boss & Young represented Kelun, Sichuan and made a comprehensive strategy and response against the infringement allegation. The public hearing was completed. The case is the first time to initiate infringement litigation with respect to the activities related to the drug administrative examination and approval stage after the amendment of Chinese Patent Law in 2008. The legal issue has typical significance. In addition, this case was selected as the first public trial after the establishment of Chengdu Intellectual Property Tribunal, and received extensive attention from the courts and related fields.
Declaring patent No. ZL98807303.X (Crystal modification of a N-phenyl-2-pyrimidineamine derivative, processes for its manufacture and its use) invalid (β-crystal form of imatinib mesylate)
Under the circumstance that a famous pharmaceutical company in China was subjected to an infringement litigation initiated by a foreign drug giant, Boss & Young provided an agency service in the invalidation of the patent, and all of the claims were declared invalid. The legal market interests of the client which were about several hundred million were maintained.
Providing patent agency services for Shanghai General Motors for a long time
Boss & Young have provided systematic literature searches and legal opinions for not infringing other patent rights during new products of Shanghai General Motors launching, to ensure the legal security of their commercial activities; and provided analysis reports for patent infringement possibility (FTO) abroad for exporting products to foreign markets.
Providing patent agency services for China Shenhua Energy for a long time
Boss & Young have provided patent warning analysis to its projects (including technology introduction projects and revamping-expanding projects), to help the company to eliminate the patent obstacles and form its own patent layout and R&D direction.
Providing agency services for Kohler Company (US) and its subsidiary in China for several years
Boss & Young have made search analysis and risk assessment for special patents for the launching of products of Kohler domestically and internationally.
Starting the corporation with Chinese Online in 2010
Boss & Young have conducted patent training, patent mining and patent application from scratch for Chinese Online, and has already processed many patent applications which relate to the digital publishing field and completed the patent search for a certain technique. For example, “A content copyright protection method based on a mobile storage device”, “Digital media protection system and method for MMS”, “A network data transmission method based on XML”, “A file data transfer method under WiFi wireless network environment”, “Differentiation storage method for multi-version digital books and reading method for differential files” and so on.
Providing agency services for Beijing Times All Core Technology Co., Ltd
Appointed by the Beijing Municipal Government and Intellectual Property Office of Beijing, Boss &Young started to conduct patent training, patent mining and patent application for Beijing Times All Core Technology Co., Ltd in 2010, and have already filed tens of patent applications involving algorithms, computer softwares and data processing and analysis methods, and have filed a number of applications of layout designs of integrated circuit.
Starting the corporation with Zhejiang Dahua Technology Co., Ltd in 2011
Boss & Young have filed patent applications which related to monitoring methods, devices, digital recognition technologies, algorithms, cloud computing and cloud storage on behalf of Dahua. For example, “A asynchronous network application program processing method”, “A method for receiving internet data”, “A method and system for realizing discoveries of cross-network segment devices” and so on.
Providing agency services in the administrative litigation of the patents related to pipeline products for an internationally famous company in Swiss, ZL93100162.5
Since patent infringement disputes occurred between the Swiss company and a Chinese company, an invalidation request was filed for the patent of the Swiss company, and the Patent Reexamination Board had made the decision that the patent should be declared invalid in whole. Boss & Young represented the Swiss company in the second instance, and obtained the favorable judgment of winning the second instance; moreover, in the retrial procedure at the Supreme Court, Boss & Young maintained the beneficial situation, and helped the client avoid the great financial loss.
Providing agency services in the patent infringement litigation for a leading enterprise of car in China, ZL200510200084.4
Boss & Young accepted the commission and provided a team composed of lawyers and patent attorneys to be in charge of the first and second instances and the retrial procedure at the Supreme People’s Court, and helped the company to win the lawsuit.
Accepting the commission of a packaging-product company to file invalidation requests
Boss & Young had attended the oral proceedings in the invalidation procedure of the patents ZL201220197293.3, ZL201220197262.9 as the petitioner for invalidation; by the effort of Boss & Young, the two patents were declared invalid in whole, and Boss & Young helped the company to clear the obstacles.
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