★ FlagshipFully resolved

IPO Shield — Defending a Legacy Appliance Maker Against a Patent Siege

On the eve of the client's main-board IPO, a top competitor launched four waves of 16 lawsuits across 11 core patents, claiming RMB 31 million in damages. We deployed a 'patent invalidation first + non-infringement defense in parallel' strategy and neutralized every action across three courts and three appellate levels.

Outcome
Fully resolved
Tracks / Procedures
Infringement litigation (1st & 2nd) / Patent invalidation / Administrative litigation (1st, 2nd, retrial) / Platform complaints
Forum
Beijing, Hangzhou & Guangzhou IP Courts
Year
2020–2024
01 · Background

Case Summary

The client is a domestic mid-market appliance manufacturer with over twenty years of history, producing a wide range of small appliances spanning grilling, cooking and heating. After two unsuccessful prior attempts, the client was approaching its third bid for a main-board listing when it suddenly received two patent-infringement warning letters from a leading industry competitor, accusing the client's flagship products of infringing two of the competitor's core patents.

The competitor then filed infringement actions before the Beijing IP Court based on those two patents, with combined damages claims of RMB 2 million. Over the following two years, four further waves of 14 patent-infringement lawsuits were filed before the Hangzhou and Guangzhou IP Courts. In total, 11 patents (invention, utility model and design) were asserted, with cumulative damages claims reaching RMB 31 million, alongside multiple takedown complaints on Tmall, JD and other e-commerce platforms. The competitor's intent — to disrupt the CSRC listing review and the client's platform operations during a critical IPO window — was plainly evident.

02 · Legal Issues

Key Issues

  • Could the validity of the asserted patents be unsettled?

    The two Beijing-case patents (one invention and one utility model) had been granted after substantive examination and survived three prior invalidation rounds — their stability was high. A fresh combination of evidence was the key to breaking the deadlock.

  • Could the Hangzhou design-patent suits be stopped quickly?

    The five Hangzhou actions, based on design patents, were paired with Tmall platform complaints. The plaintiff had failed to submit a patent right evaluation report at filing. Whether this procedural defect could be leveraged to seek dismissal would directly determine whether the platform takedown risk could be neutralized.

  • Could the Guangzhou cases resolve before the JD return-window deadline?

    In the three Guangzhou cases, the plaintiff bundled one of the asserted patents with a JD platform complaint. If the invalidation proceedings dragged on, JD platform rules would force a product return. Obtaining the invalidation decision before that deadline was the decisive factor.

  • How should the cadence of 16 lawsuits be aligned with the IPO timeline?

    Stable, credible arguments had to be provided for the client's legal opinion to the CSRC. At the same time, across different courts and proceedings, procedural tools — stays, jurisdictional objections, response periods — had to be coordinated to keep pace with the listing schedule.

03 · Kangrui Strategy

Approach

For the two Beijing cases, we adopted an "invalidation-first + administrative litigation to the end" strategy: completed prior-art searches rapidly, secured full invalidation of both asserted patents in June and August 2021, then carried the opposing administrative litigation through first instance, appeal and retrial — all the way to the Supreme People's Court's denial of retrial — uprooting the asserted patents entirely.

For the five Hangzhou design-patent cases, we focused on the plaintiff's failure to submit a patent right evaluation report within the reasonable period, filed a defense with supporting prior-design references, and argued instability of the asserted rights. For the one case that proceeded to substantive review, we combined design-space analysis with partial differences in the designs to show — under the "overall observation, comprehensive judgment" principle — that the accused design was not similar to the patented design.

For the three Guangzhou cases, we deployed a dual-track plan — "invalidation first + non-infringement defense in parallel". The first asserted patent was invalidated by the CNIPA before trial, forcing the plaintiff to withdraw. The second and third cases went to hearing before the invalidation decisions; we focused argument on the distinguishing technical features and forcefully rebutted the damages basis.

Beyond the litigation itself, we simultaneously handled five Tmall and one JD platform complaints — drafting appeal letters and infringement-comparison tables, and supporting on-site submission of materials. The entire cadence was kept in sync with the CSRC review, ensuring clear, stable litigation summaries could be filed with regulators at every stage.

04 · Outcome

Results & Impact

Beijing cases: Both asserted patents fully invalidated; the plaintiff withdrew. The follow-on administrative litigation ran through first instance, appeal and retrial, with the Supreme People's Court denying retrial — the invalidation rulings became final.

Hangzhou cases: Four cases were dismissed for plaintiff's failure to timely submit the patent right evaluation report; the dismissals were affirmed on appeal. The remaining case, after substantive review, ended with judgment against the plaintiff, affirmed on appeal. The rulings have been cited as representative authority on the application of the evaluation-report mechanism in design-patent litigation.

Guangzhou cases: The first asserted patent was fully invalidated by the CNIPA before hearing, prompting withdrawal; the second was likewise invalidated before judgment, prompting withdrawal; the third was subsequently invalidated. All three cases were closed.

Overall: Approximately RMB 29 million in potential damages avoided, all e-commerce platform complaints resolved, and the client successfully passed CSRC review to list on the A-share main board in 2022.

05 · Significance

Practical Insights

This case exemplifies Kangrui's representation of pre-IPO companies under competitive patent sniping. From the Beijing pair's "first instance through retrial" path, to the Hangzhou five's leverage of evaluation-report procedure, to the Guangzhou three's "invalidation + non-infringement" pairing, the case showcases Kangrui's full-spectrum scheduling capacity in patent litigation.

For companies preparing to list, patent litigation uncertainty is among the hardest variables to manage in an IPO timeline. The cadence approach demonstrated here — "stabilize the legal opinion first → file invalidations → align with litigation rhythm → unify response to platform complaints" — offers a reusable methodology for similar risk profiles.