Guangzhou S-Up Kids’ Dispute over Building Block Toy Patent Infringement Case

Zhong Lun advised S-Up Kids on the case.

Guangzhou S-Up Kids Co., Ltd. partecipated in a patent infringement case has recently obtained a favorable decision in the appeal of the case before the Supreme People’s Court. S-Up Kids is the patentee of a utility model patent called “a plug-in type building block”, with the patent number of ZL201320105653.7. In 2019, S-Up Kids filed a civil lawsuit against the defendant for infringing the patent. The trial court dismissed the claim on the grounds that the defendant did not exploit the patent. After losing the case, S-Up Kids engaged Zhong Lun attorneys to appeal to the Supreme People’s Court. In January 2022, the IP Court of the Supreme People’s Court entered a judgment, setting aside the original judgment and holding that the defendant had infringed the patent. The court also ordered the defendant to stop the infringement and compensate for the plaintiff’s losses. In its judgment, the court upheld Zhong Lun attorneys’ main argument that when a technical feature in a patent claim is interpreted, the particular limitation in the specification has priority.

The Zhong Lun team was led by partner Bisheng Shi (Picture) and associate Peng Lv.

Involved fees earner: Peng Lv – Zhong Lun Law Firm; Bisheng Shi – Zhong Lun Law Firm;

Law Firms: Zhong Lun Law Firm;

Clients: Guangzhou S-Up Kids;