Chongqing HKC Optoelectronics’s defeat in patent infringement lawsuit against Innolux subsidiary in China
E190528Y1．E190527Y1 | Jun. 2019（E235）
Innolux Corporation (hereinafter “Innolux”) published a news release to the effect that on May 21, 2019, its subsidiary, Ningbo Innolux Optoelectronics Ltd. (hereinafter “Hingbo Innolux”) received an examination decision on request for invalidation with respect to two Chinese patents No. ZL201611179077.5 and ZL201720606454.2 issued by the National Intellectual Property Administration, PRC (CNIPA). According to this decision, the two Chinese patents Chongqing HKC Optoelectornics Technology Co., Ltd. (hereinafter “Chongqing HKC”) holding as co-patentee are held invalid. Hence, the five Chinese patents based on which Chongqing HKC claimed infringement against Ningbo Innolux at the Chongqing No. 5 Intermediate People’s Court are all held invalid.
As a result of invalidation of the Chinese patents in question, Chongqing HKC lost the legitimate basis to assert its patent rights in the patent infringement action pending at the Chongqing No. 5 Intermediate People’s Court, and therefore, Chongqing HKC will be ordered to withdraw its action or the action will be dismissed accordingly. Innolux indicated in the press release that this lawsuit does not cause any financial or operational risk nor any influence detrimental to Innolux. Chairman of Innolux, Jim Hung said that this lawsuit sets a significant milestone for IP-related lawsuit judgments for Taiwan and China, demonstrating the concurrent and bilateral effects of investment and IPR protection. (May 2019)