Date: Nov 24, 2015,

The patent infringement dispute between Rhodia and Jiaxing Zhonghua Chemical (Zhonghua), which has drawn wide attention in the industry, was recently settled in the International Court of Justice in Hague, Holland, which rejected Rhodia’s appeal and maintained the first instance decision made by Hague regional court back in November 21, 2014. Zhonghua Chemical has won all the victories in this overseas dispute.

August 6, 2014, Rhodia, a subsidiary of the Belgium-based multinational group Solvay, took legal action against Zhonghua Chemical and another Chinese company for infringement of its EP2222627B1 European patent and requested Hague regional court to issue a Cross Board Injunction to stop Zhonghua Chemical, et al from selling Vanillin in all the designated countries of its European patent.

Entrusted by Zhonghua Chemical, Simmons-Simmons (Holland) and Unitalen (China) reacted to the lawsuit proactively as a joint legal team, which included both Holland lawyers – Mr. Bas Berghuis, Mr. Mattie de Koning, and Chinese lawyers – Mr. Yongbo Li, Mr. Fanwen Kong and Mr. Zhaoling Li. The two firms partnered closely with each other to collect substantial evidences to prove Rhodia’s EP2222627B1 European patent doesn’t possess inventiveness and Zhonghua Chemical has adopted the production method that doesn’t constitute patent infringement. In November 21, 2014, Judge P.H. Bloc of The Hague Regional Court decided to reject Rhodia’s petition as the patent involved don’t possess inventiveness so it will be revoked. Rhodia was also requested to pay for Zhonghua Chemical’s attorney fee of 298,000 euros.

Rhodia appealed against the verdict with International Court of Justice in Hague. Due to the less strict rules on modification of patent claims under Holland Patent Law, which allows modifications to Claims even at the second-instance stage, Rhodia narrowed the scope of its claims so as to overcome the lack of inventiveness determined by the first-instance court.

After review, Judge M.Y. Bonneur, Judge R. Kalden and Judge C.J.J. van Nispen made the verdict of the second instance to re-confirm Rhodia’s patent involved doesn’t possess inventiveness and rejected its appeal. Rhodia is also ordered to pay for the 600,000 euros’ attorney fees for the two trails.

LAWYER PROFILE

Mr. Fanwen Kong, Partner, Unitalen Attorneys at Law

Mr. Kong possess B.S., Fourth Military Medical University –Medicine and M.Sc., Academy of Military Medical Sciences – Medicine degrees, and received Patent litigation training in world renown law firms such as Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.

Before he became a patent agent and patent litigation lawyer, he had worked in Academy of Military Medical Sciences Hospital as a brain surgery doctor, with broad knowledge of Medicinal chemistry and solid surgery experience. In 2005 Mr. Kong went into patent career and became a patent litigation lawyer with specialization in medicinal chemistry and machines patents, as well as business law disputes, such as trade secrets. He’s represented many successful international patent litigation cases as the partner of Unitalen Attorneys at Law.