Provincial and municipal outstanding cases

The case of infringement of invention patent rights was fully supported with a compensation claim of 1.03 million yuan and was publicly reported by the Shanghai Intellectual Property Court. A globally renowned manufacturer of high vacuum insulated containers with a history of over a hundred years has filed a lawsuit against two companies for infringing on their invention patents. By analyzing the patent claims, disassembling the technical features of the patent and conducting infringement comparisons, a litigation strategy was formulated, and the claim for 1.03 million yuan in compensation was ultimately fully supported.

The trademark infringement dispute case was overturned in the second instance to support the appellant's claim. This case was selected as one of the top ten intellectual property cases in Shandong courts in 2020. A well-known domestic men's clothing enterprise filed a lawsuit against a certain company for trademark infringement. The first instance court ordered a compensation of 60,000 yuan. After analyzing and determining the appeal plan, the second instance court changed the judgment and ordered a total compensation of 350,000 yuan for economic losses and reasonable expenses.

Other intellectual property dispute cases:

In a trademark infringement dispute case involving a gang, seven defendants were held jointly and severally liable and received a total compensation of 6.6 million yuan. A leading enterprise in a certain country's white goods industry filed a lawsuit against a certain gang for trademark infringement. The difficulty of this case lies in clarifying the responsibilities and positions that each defendant should bear respectively, uncovering the actual infringer and determining the amount of infringement. After sorting out and deeply exploring the relationships among the defendants, it was ultimately determined that the seven defendants should bear joint and several liability and were awarded a total compensation of 6.6 million yuan.

The case of selling counterfeit auto parts was reported in the newspaper to eliminate the adverse impact and compensate for economic losses of 800,000 yuan. A Fortune 500 company and a well-known commercial vehicle manufacturer has filed a lawsuit against a certain enterprise in Shanghai for selling counterfeit auto parts in multiple stores. Based on the lack of evidence of the amount of infringement damage, the defendant's infringement scale and malice were proved from multiple perspectives. Eventually, the judgment was obtained to stop the infringement, publish a notice in the newspaper to eliminate the adverse impact, and compensate for economic losses of 800,000 yuan.

In the case of unfair competition dispute, a total compensation of 3.5 million yuan was obtained. A listed company in the clothing industry filed a lawsuit against a certain company for unfair competition. The difficulty of this case lies in the fact that the defendant has registered and used a registered trademark. Therefore, it is necessary to distinguish the reasonable limits of trademark use and the specific manifestations of unfair competition, as well as to define the marginal scope of the competitive, cooperative or differentiated parts between the two. After analyzing and drafting the agency opinion, the plaintiff in this case ultimately won the lawsuit, ordering the defendant to cease the unfair competition behavior and obtaining a total compensation of 3.5 million yuan.

In a copyright infringement dispute case, the compensation shall be determined at the maximum limit of statutory damages of 5 million yuan. A leading domestic food industry enterprise has filed a lawsuit against a certain food manufacturer. The difficulty of this case lies in whether the involved artworks constitute substantial similarity and the determination of the contribution rate of the artworks to the sales of the infringing products. After analysis and issuance of the agency's opinion, it was ultimately determined that infringement had occurred, and a compensation of 5 million yuan was determined at the maximum limit of statutory damages.

Case of Construction Project contract dispute:

A large domestic construction company filed a lawsuit against the Management Committee of the High-tech Zone of a certain city over a construction contract dispute. The plaintiff in this case claimed the remaining balance of the project payment from the defendant, totaling 2,782,217 yuan. During this period, the defendant, based on the agreed delivery time in the contract, asserted that the plaintiff should pay a total of approximately 1.8 million yuan as liquidated damages for delayed delivery. By analyzing multiple contract terms in combination, it is proved that this contract term is deemed to have been waived due to the failure to assert it within the prescribed time limit. Both parties have verified and settled the project volume and payment without error. Ultimately, it was determined that the defendant's defense was not valid, and the court ordered the defendant to pay the remaining project funds totaling 2,782,217 yuan along with interest.

Company Intellectual Property Project Management:

Brand protection plan for a certain global electrical manufacturer. For multiple items in the market such as patent infringement, trademark infringement (counterfeit trademarks and similar trademarks), and enterprise name infringement, I will formulate a phased crackdown plan. We have achieved a market cleanliness rate of 90% within two years, 95% of infringing enterprise name changes within three years, and successfully cracked down on every patent infringement case discovered.

Brand protection planning for a Fortune 500 company and a leading enterprise in the global field of electronic and electrical engineering. The project has been in operation for 10 months, with 104 cases filed and 46 cases concluded, involving a total litigation amount of over 40 million yuan. This has effectively cracked down on various types of online infringement.

Lawyer Liu Xueyu holds a bachelor's degree and a master's degree in law. With over 7 years of experience in intellectual property affairs and corporate legal affairs, she has served as the legal director and the head of the case analysis team of a high-tech enterprise. During his tenure, he was mainly responsible for handling litigation disputes related to intellectual property rights (including patents, trademarks, Copyrights and unfair competition, etc.), as well as labor disputes, construction project disputes, sales contract disputes, loan contract disputes and other businesses. The intellectual property cases he handled were selected as provincial and municipal outstanding cases for many times. Among them, about 50 cases of invention patents were handled. There were approximately 15 cases of design patents. There are approximately 300 trademark rights cases. There were approximately 30 cases of unfair competition. There are approximately 50 copyright cases. There are approximately 10 cases related to geographical indications. Be capable of reviewing the intellectual property defense network of brands, analyzing risks and formulating solutions, and providing core and professional legal opinions (especially skilled in brand protection planning for multinational enterprises). We serve 12 foreign brands and approximately 20 domestic brands. The industries involved include: auto parts, low-voltage electrical appliances, clothing and accessories, sports goods, cosmetics, etc. Realize the analysis of the brand IP foundation, customize personalized brand rights protection solutions, including an overall litigation plan for one year or three to five years, as well as targeted crackdown strategies for different regions, etc.

Master of Laws from Shanghai Maritime University

Bachelor of Law from Jiangxi Agricultural University