Unitalen helped “Zoomlion” maintain patent right

December 10, 2008
“Ningbo Baocheng Mechanical Equipment Manufacturing Co., Ltd.” (Baocheng) filed an invalidation request against the utility model of “integral dustbin” under Patent No. ZL03226885.8” owned by the patentee “Changsha Zoomlion Heavy Industry Science & Technology Development Co., Ltd.”(Zoomlion).

After examining the invalidation request, Patent Reexamination Board made a decision under No. 8580 to maintain the validity of the said patent. Being dissatisfied with the decision, Baocheng appealed to Beijing No. 1 Intermediate People’s Court. The court made an administrative judgment under (2006) No.1383 to maintain the decision of Patent Reexamination Board. Baocheng further appealed to Beijing People’s High Court, who cancelled No. 1383 judgment and No. 8580 decision on the grounds of improper facts verification.

Patent Reexamination Board set up a collegiate bench to rehear the invalidation request. During the hearing, Zoomlion entrusted Unitalen as its defending attorney. Sun Changlong, patent attorney, and Gu Runfeng, attorney at law, both from Unitalen, participated in the oral hearing at Patent Reexamination Board.

Recently, Patent Reexamination Board made No. 12369 decision in favor of Zoomlion sustaining the validation of the said patent.

Founded in 1992, Zoomlion is a hi-tech public company with more than 16,000 employees and registered capital of RMB 760.5 million. The company’s annual output and sales revenue are over RMB 10 billion. It is a leading company in China’s construction machinery industry and one of the first 103 innovative experimental enterprises in China.