Recently, a team of patent attorneys in our Office successfully assisted our client in obtaining a preliminary injunction order of patent infringement involving a design patent on milk container from the Beijing No. 3 Intermediate People’s Court.

The present preliminary injunction order for patent infringement is the first one in relation to patent infringement issued by the courts in Beijing.

In accordance with the law, the patentee can request the court to take temporary measures to stop the infringement act of the alleged infringer before litigation, which has a great significance on protecting the legal right and preventing irreparable loss of the patentee. However, in practice, the approval of preliminary injunction order in patent case has been rarely heard of in the recent years, especially in Beijing, for the cautiousness of the court due to complexity of the patent case.

Upon being entrusted by the client, the team in our Office collected conclusive evidence through comprehensive preparation and careful study on all the legal and factual issues related to preliminary injunction, presented full statement for the infringement fact of the opponent and the grounds indicating that the legal rights and interests of the patentee would be damaged in irreparable manner in case of no relevant measures being taken, and cooperated, after submission of the request, with the court to clarify other relevant factual and legal issues, which facilitates the issue of preliminary injunction order by the court.

Through the execution of the present preliminary injunction order, effective protection is rendered to the patent right of the patentee.