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Invalidate Disputed Patent in the First Online Car-hailing Patent Lawsuit
    Publish time 2019-05-27 00:00    

2019-05-27

Invalidate Disputed Patent in the First Online Car-hailing Patent Lawsuit

Near the end of 2017, the first patent infringement lawsuit regarding online car-hailing service was brought against Beijing Xiaoju Technology Co, Ltd. before the Guangzhou Intellectual Property Court in China (“Infringement Case”). During the invalidation proceeding, We grasped the technical essence, and emphasized the essential commonality between the Disputed Patent and the prior art as well as the obviousness of the Disputed Patent. In the end, the Patent Reexamination Board (“PRB”) made an invalidation decision that all the claims were invalid due to the lack of inventiveness, and the Guangzhou Intellectual Property Court dismissed the Infringement Case because the claims of the Disputed Patent were all invalidated.

 

The claims in the Disputed Patent are directed to an online car-hailing application typically integrating hardware, software and user information, involving complicated internet technology and underlying legal issues. Therefore, the handling of the Infringement Case and the paralleling patent invalidation case provides exemplary significance for other similar patent disputes in the internet industry. In the invalidation proceeding, the inquiries of PRB reflected an in-depth understanding of the technical essence of internet-related patents.