“Patents for Competition Models Were Actually Filed by Someone Else – All 11 Patents Invalidated: Shenxin Team’s Decades-Spanning Evidence Collection Leads to Complete Victory”
Recently, the Beijing Intellectual Property Court made a first-instance judgment in the case of Shanghai East Digital Co., Ltd. (“East Digital”) v. the China National Intellectual Property Administration (CNIPA) regarding the latter’s Invalidation Review Decision No. 33152, which declared the involved patent wholly invalid. The court upheld the challenged decision.
Thus, through the efforts of our firm’s attorneys and patent agents, a series of disputes between German Seiler Technology Co., Ltd. (“Seiler Company”) and its exclusive China agent, Beijing China Education & Intelligence AI Technology Co., Ltd. (“China Education Intelligence”), against East Digital, ultimately ended in East Digital’s defeat. All infringement lawsuits were withdrawn.
Case Recap
German Seiler Technology Co., Ltd., founded in 1966, is renowned for producing engineering-type assembly models. Its creative construction models have been purchased by many universities and educational institutions in China and are widely used in mechanical design experiments and competitions. These creative construction models are mainly sold in sets. Each set includes an assembly manual, which specifies the product name corresponding to the set, contains a list of parts used in the set, and shows reference assembly structures. Users can follow the manual to build the structures shown or freely assemble the parts according to the instructions.
Seiler Company helps users understand the principles and usage of its construction models by providing various model sets and corresponding instructional videos. The company also offers abundant teaching resources, including instructional videos and documents, to help users better understand and master the use of the construction models.
Beijing China Education & Intelligence AI Technology Co., Ltd. is a subsidiary of German Seiler Technology Co., Ltd., established on December 17, 2011. Since 2004, it has been developing and selling Seiler products in mainland China.
—
| Patent Title | Patent Number |
| —————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————– | ————– |
| Connecting Clip for Assembly Model | 201120013597.5 |
| Partial abstract: The utility model discloses a connecting clip for an assembly model… The utility model can simply realize end-to-end connection of connecting components, achieving arbitrary extension of connection length, and has the advantages of stable and firm connection, easy installation and disassembly, flexibility and variability, good resistance, and strong intellectual development capability. | 201120013817.9 |
| Angle Connecting Block and Angle Connecting Mechanism for Assembly Model | 201120013618.9 |
| Partial abstract: The utility model discloses an angle connecting block and an angle connecting mechanism for an assembly model… The utility model can realize an angle connecting mechanism in an assembly model, and has the advantages of easy installation and disassembly, flexible and variable connection methods with other connections, good resistance, and strong intellectual development capability. | 201120013608.X |
| Six-sided Connecting Block for Assembly Model | 201120013604.9 |
| Partial abstract: The utility model discloses a six-sided connecting block for an assembly model… The utility model can realize six-sided connection of a six-sided module in an assembly model, and has the advantages of easy installation and disassembly, flexible and variable connection methods with other connections, good resistance, and strong intellectual development capability. | 201120013704.X |
| Disc Mechanism for Assembly Model | 201120013754.3 |
| Partial abstract: The utility model discloses a disc mechanism for an assembly model… The utility model can achieve fixation between a disc and a shaft, and has the advantages of easy installation and disassembly, and reliable fixation. | 201120013543.2 |
| Creative Assembly Model | 201120013459.3 |
| Partial abstract: The utility model discloses a creative assembly model… The utility model has the advantages of easy installation and disassembly, flexible and variable connection methods, good resistance, and strong intellectual development capability. | 201120013503.4 |
| Gear Mechanism for Assembly Model | 201120013552.7 |
| Partial abstract: The utility model discloses a gear mechanism for an assembly model… The utility model can realize a gear structure in an assembly model, and has the advantages of easy installation and disassembly, flexible and variable connection methods with other connections, good resistance, and strong intellectual development capability. | 201120013587.1 |
| Connecting Plate for Assembly Model | 201120013578.1 |
| Partial abstract: The utility model discloses a connecting plate for an assembly model… The utility model can serve as a base for an assembly model, has good positioning ability, can accommodate various connecting parts, and has the advantages of easy installation and disassembly, flexible and variable connection methods with other connections, good resistance, and strong intellectual development capability. | 201120013573.8 |
| Turntable Mechanism for Assembly Model | 201120013576.6 |
| Partial abstract: The utility model discloses a turntable mechanism for an assembly model… The utility model can realize a turntable structure in an assembly model, and has the advantages of easy installation and disassembly, flexible and variable connection methods with other connections, good resistance, and strong intellectual development capability. | 201120013575.6 |
| Worm Mechanism for Assembly Model | 201120013574.3 |
| Partial abstract: The utility model discloses a worm mechanism for an assembly model… The utility model can achieve connection and fixation between a worm and other connecting parts, and has the advantages of easy installation and disassembly, and reliable fixation. | 201120013577.6 |
| Small Gear Assembly for Assembly Model | 201120013575.6 |
| Partial abstract: The utility model discloses a small gear assembly for an assembly model… The utility model can achieve connection and fixation between small gear assemblies, and can conveniently lock a drive shaft onto a gear, with the advantages of easy installation and disassembly, and reliable fixation. | 201120013575.6 |
After the above patents were granted, the company sued China Europe Company (or similar, see context) in the Shanghai Intellectual Property Court, alleging that the creative assembly model products sold by China Europe Company infringed its patent rights and sought patent rights. The complaint demanded an immediate stop to the acts infringing its patent rights, an immediate stop to the import, sale, and offer for sale of products infringing its patent rights, and an immediate stop to providing infringement information to other related enterprises.
—
Case Difficulties
After China Education Intelligence and Seiler Company decided to entrust the case to our firm, our agents analyzed the situation and determined that this was a typical case of prior public use with a later patent application. According to patent law, such patents lack novelty and inventiveness and should not have been granted. The key to the case was how to find effective evidence to invalidate the patents that had been used as the basis for the lawsuit.
After confirming the basic case strategy, the agent team immediately began collecting evidence of public use. However, we soon discovered that because East Digital’s lawsuit was filed several years after its patent application date, and more than a decade after the date of public use, much of the evidence had been lost. In particular, some products relevant to the case were difficult to find in the domestic market, making it nearly impossible to form a complete chain of evidence.
After comprehensively assessing the case, our agent team determined that the focus of the case was evidence collection. We immediately activated a coordinated response mechanism. Our professional legal team assisted the agent team and worked closely with the client to develop a response strategy. We conducted on-site evidence searches, collection, and organization in multiple locations, gradually uncovering product sales channels from over a decade ago.
At the same time, the agent team actively communicated and negotiated with various parties to obtain notarization and authentication of notarized preservation and foreign evidence. With the understanding and cooperation of institutions such as Shanghai Jiao Tong University, Chongqing University of Technology, and National University of Defense Technology, we successfully collected publications from teachers at multiple universities, hundreds of sales receipts, import documents, online notarized purchases via e-commerce platforms, and physical evidence of construction sets preserved at third-party universities. We also successfully obtained a series of evidence of purchases by well-known universities including Tsinghua University, Xidian University, University of Electronic Science and Technology of China, Nanjing University of Aeronautics and Astronautics, and Chongqing University of Technology. Through a combination of domestic and foreign evidence, we ultimately established a complete chain of evidence and successfully completed the collection of invalidation evidence for all cases. Notably, the evidence found by the agent team indeed recorded that Shanghai East Digital Co., Ltd. itself had purchased the relevant creative construction model products in 2009.
In the end, all 11 utility model patents filed by Shanghai East Digital Co., Ltd. on January 17, 2011, were declared wholly invalid. Although East Digital filed administrative lawsuits in some cases, after trial of the administrative lawsuits, the invalidation decisions were ultimately upheld. On the other hand, the related patent infringement cases ended with East Digital withdrawing its lawsuits from the Shanghai Intellectual Property Court.
Postscript
Patent legal services are a highly specialized field requiring extensive expertise. This case fully demonstrates the importance of a multi-faceted service capability of the agent team in handling complex cases. Our agent team identified the difficulties and breakthrough points of the case at the outset and made full use of our firm’s dual competence in legal services and patent agency. On one hand, we applied our sophisticated professional knowledge to accomplish most of the patent invalidation work. On the other hand, we leveraged our legal team’s expertise in legal matters and evidence collection and analysis to successfully complete the invalidation of all related patents, achieving a satisfactory result for the client.
The purpose and significance of patent law are to protect individuals and enterprises that possess genuine innovative awareness and ability. Only technical solutions achieved through truly creative work can receive patent protection. For those who attempt to exploit the limitations of the patent examination system by claiming existing technology as their own through patent applications to obtain benefits, such attempts will ultimately fail the test of patent invalidation and judicial review proceedings.
IPwell is very willing to help law-abiding enterprises, protect them, and clear obstacles for them. If you need any assistance, please follow our public account and leave a message.
Hotline: 400-997-5577