Shanghai IP Court accepted Apple’s Filing for A Declaratory Judgment of Noninfringement

Shanghai IP Court accepted Apple’s filing of a lawsuit seeking a declaratory judgment of noninfringement against Shenzhen Baili Marketing Services Co. Ltd. regarding Chinese Design Patent No. 201430009113.9.

According to the Court, the suit for patent non-infringement is an extension of suit of patent infringement. Thus, the territorial jurisdiction requirements related to patent infringement lawsuits apply.  Shanghai is the place where the alleged infringement occurs. Thus, Shanghai IP Court has jurisdiction under Article 28 of Chinese Civil Procedure Law.