On May 15, 2019, the Zhejiang High People’s Court (the Appellate Court) reversed the trial court decision and found the defendant infringing the plaintiff’s Chinese Patent No. ZL 200880118796.3. The Appellate Court concluded that the term “the luggage strap . . . guided adjustably along the wall of the luggage” does not require the luggage strap to remain in contact with the wall of the luggage because the objective of the patent is to variably divide the inner space by the intermediate plate. Although the Patent Examination Guidelines (2010) state that an objective of the patent, which solves technical problems over prior art, should be in the “Background” section, the Appellate Court relied on the objective disclosed in other sections of the specification. Similarly, in Xiaoping Ren & Jie Sun v. Apple Computer Trading (Shanghai) Co. (2020), the Supreme Court relied on the objective disclosed in the “summary of invention” section to exclude technical solutions that cannot achieve the objective from the scope of the claims.

Photo of Yingli Wang Yingli Wang

Dr. Yingli Wang is partner in the firm’s Intellectual Property practice, with a primary focus on biotechnology, pharmaceutical, and polymer/material industry. Yingli leads the patent group in the firm’s Shanghai office.

Photo of Aolei Li Aolei Li

Aolei Li is a patent consultant in Perkins Coie’s Intellectual Property practice at the Shanghai office. Her practice focuses on patent prosecution.

Photo of Jonathan Wen Jonathan Wen

Patent Consultant Jonathan Wen is experienced in providing patent-relevant services for multinational companies based in the U.S., Europe and Asia on patent prosecution, translation and drafting.