On 28 Feb 2022, China’s Supreme People’s Court (SPC) issued its annual “Judgment Digests”, which includes a list of “48 typical cases” highlighting representative SPC decisions in 2021. The Judgment Digests help us understand more about the SPC’s judicial ideology, trial concepts, and adjudication methods in dealing with difficult and sophisticated legal issues as well as new types of IP cases in high tech fields. This case was one of the 48 “typical” cases and deals with how to determine infringement for claims covering biological deposits [1]. Case Background summary FengKe (上海丰科生物科技股份有限公司) is a Shanghai company owning a patent (201310030601.2) claiming a particular white mushroom fungal strain. The patent only…
Biotech, China, Court Cases, Courts, Patent Law, prosecution, Supreme People's Court, Top 50 Representative Cases
