On May 19, 2014, Beijing No.1 Intermediate People’s Court entered a judgment to uphold the No. 19514 Decision on Invalidation (hereafter referred to as Decision of Invalidation) made by the Reexamination Board in respect of the administrative litigation initiated by Mexichem Amanco S.A. de C.V. against the Reexamination Board.
Mexichem Amanco S.A. de C.V. is the patentee of the invention patent No. 200780022317.3 under the title of “Process for drying a gas stream comprising a fluoropropene”. Upon the Request for Invalidation filed by Arkema France on May 10, 2012, the Reexamination Board made No. 19514 Decision on Invalidation on November 19, 2012 to declare the patent invalid. Mexichem Amanco S.A. de C.V. initiated legal proceedings against the Decision of Invalidation in Beijing No.1 Intermediate People’s Court on February 19, 2013, wherein Arkema France attended the trial as the third party.
The issues of the case lie in the following aspects:
Whether the conventional technical means of a person skilled in the art constitute the common knowledge;
Whether the illustrative explanation given for the technical term in the description constitute the interpretation of said term so as to deny the well‐known definition thereof; and
Regarding the invention by selection, the description has provided the experimental data to prove the advantageous technical effect. However, the technical effect is not achieved by the distinguishing technical feature with respect to the closest prior art, whether said technical effect shall be taken into consideration when evaluating inventiveness.
The court ruled that the No. 19514 Decision on Invalidation by the Reexamination Board shall be upheld owing to sufficient evidence, appropriate application of the laws and regulations and legitimate examination proceedings.
Ms. Li Song and Mr. Chengbin Zhan of Liu, Shen & Associates represented Arkema France for this case.