Notes From The China Desk
Topics
Contributors
Sort by:
29 results
February 14, 2025
|2 min read
Despite the clerk’s entry of default against Hong Kong-based defendant iAqua Limited for its failure to formally respond to the patentees’ February 1, 2022
Complaint, federal district court Judge Smith in the Southern District of Florida twice denied patentees’ motions for default judgment and, on January 31,
2025, dismissed the patent infringement lawsuit.
Complaint, federal district court Judge Smith in the Southern District of Florida twice denied patentees’ motions for default judgment and, on January 31,
2025, dismissed the patent infringement lawsuit.
February 6, 2025
|3 min read
In a recent January 22, 2025 order, federal district court Judge Rodney Gilstrap in the Eastern District of Texas shot down Taiwan-based ASUSTeK Computer,
Inc.’s attempt to short circuit a patent infringement case headed for trial on February 7, 2025, dismissing ASUS’s motion for partial summary judgment as to
plaintiff Force MOS Technology, Co., Ltd. lacking constitutional standing to assert one of its patents.
Inc.’s attempt to short circuit a patent infringement case headed for trial on February 7, 2025, dismissing ASUS’s motion for partial summary judgment as to
plaintiff Force MOS Technology, Co., Ltd. lacking constitutional standing to assert one of its patents.
January 27, 2025
|3 min read
In a recent January 15, 2025 order, federal district court Judge Alan D. Albright in the Western District of Texas concluded post-trial briefing in the
long-running patent dispute between high-volume plaintiff ACQIS LLC (ACQIS) and Taiwan-based ASUSTeK Computer, Inc. (ASUS) and ASUS Global Pte. Ltd.
(ASGL) (collectively, “Defendants”). In his final judgment order, Judge Albright closely adopted ACQIS’s proposed language and cemented the jur...Read more
long-running patent dispute between high-volume plaintiff ACQIS LLC (ACQIS) and Taiwan-based ASUSTeK Computer, Inc. (ASUS) and ASUS Global Pte. Ltd.
(ASGL) (collectively, “Defendants”). In his final judgment order, Judge Albright closely adopted ACQIS’s proposed language and cemented the jur...Read more
January 14, 2025
|3 min read
A recent decision by Judge Gregory Williams of the federal District Court of Delaware—to grant a plaintiff’s motion to remand its breach-of-contract case back
to state court—instructs how to determine whether a breach of obligation to offer reasonable and non-discriminatory (RAND) licensing terms for patents
declared to be essential to a technological standard (standard-essential) amounts to a claim that “arises under” federal law, thereby conferring ...Read more
to state court—instructs how to determine whether a breach of obligation to offer reasonable and non-discriminatory (RAND) licensing terms for patents
declared to be essential to a technological standard (standard-essential) amounts to a claim that “arises under” federal law, thereby conferring ...Read more
January 13, 2025
|3 min read
A recent order from Largan Precision Co., Ltd. v. Motorola Mobility LLC, No. 4:21-cv-9138 (N.D. Cal. December 30, 2024) made two key discovery rulings that:
(i) allow defendant Motorola Mobility LLC (Motorola), a wholly owned subsidiary of PRC-based Lenovo Group, Ltd., to depose the CEO of the opposing party,
Largan Precision Company (Largan); and (ii) require fact depositions of Largan’s corporate witnesses to take place in-person within the district.
(i) allow defendant Motorola Mobility LLC (Motorola), a wholly owned subsidiary of PRC-based Lenovo Group, Ltd., to depose the CEO of the opposing party,
Largan Precision Company (Largan); and (ii) require fact depositions of Largan’s corporate witnesses to take place in-person within the district.
October 14, 2024
|3 min read
A recent decision by the federal district court in the Southern District of Florida (Xiamen Zhaozhao Trading Co., Ltd. v. The Individuals, Partnerships and
Unincorporated Associations Identified on Schedule A, No. 23-61347-CV, docket entry 21 (September 27, 2024)) permitted the Chinese corporate plaintiff to
serve its complaint alleging patent infringement on the putative foreign defendants via e-mail.
Unincorporated Associations Identified on Schedule A, No. 23-61347-CV, docket entry 21 (September 27, 2024)) permitted the Chinese corporate plaintiff to
serve its complaint alleging patent infringement on the putative foreign defendants via e-mail.
September 12, 2024
|5 min read
On September 11, the U.S. Department of Commerce’s Bureau of Industry and Security published a proposed rule in the Federal Register that would require
quarterly reporting by organizations, companies, and corporations organized in the U.S. (including branches outside the U.S.) if they plan to either engage in
artificial intelligence model training or acquire, develop, or otherwise possess a high-performance computing cluster for AI training.
quarterly reporting by organizations, companies, and corporations organized in the U.S. (including branches outside the U.S.) if they plan to either engage in
artificial intelligence model training or acquire, develop, or otherwise possess a high-performance computing cluster for AI training.
July 15, 2024
|20 min read
On June 21, 2024, the U.S. Department of the Treasury’s (Treasury) Office of Investment Security released proposed language for the Outbound Investment
Security Program (hereafter, the Proposed Rule).
Security Program (hereafter, the Proposed Rule).
June 21, 2024
|3 min read
China and Hong Kong Expand Protections Over State Secrets
China recently enacted a revision to the PRC Law on Guarding State Secrets, and shortly after Hong Kong followed suit when it passed the Safeguarding
National Security Ordinance.
National Security Ordinance.
June 11, 2024
|2 min read
China Adds Additional Entities to the Unreliable Entity List
On May 20, 2024, the PRC Ministry of Commerce (MOFCOM) announced the inclusion of three U.S. companies on its unreliable entities list over sales of arms
to Taiwan. We discussed the implementation of the Unreliable Entity List here. The move mimics similar designations in February 2023, which we wrote about
here, and follows recent actions by the BIS and Treasury to apply new export controls and sanctions on Chinese entities for allegedly doing busin...Read more
to Taiwan. We discussed the implementation of the Unreliable Entity List here. The move mimics similar designations in February 2023, which we wrote about
here, and follows recent actions by the BIS and Treasury to apply new export controls and sanctions on Chinese entities for allegedly doing busin...Read more
May 7, 2024
|2 min read
In a bombshell ruling in SnapRays v. Lighting Defense Group, case no. 2023-1184 (May 2, 2024), an appellate panel from the U.S. Federal Circuit determined
that an accused infringer could haul its accuser—the patentee—into the federal district court of the infringer’s home state, despite the patentee not having
initiated any contact with the accused or any contacts with that state.
that an accused infringer could haul its accuser—the patentee—into the federal district court of the infringer’s home state, despite the patentee not having
initiated any contact with the accused or any contacts with that state.
October 5, 2023
|2 min read
China’s CAC Changes Course on Cross-Border Transfers with Draft Regulations
On September 28, 2023, the Cyberspace Administration of China (CAC) published Regulations to Standardize and Promote Cross-Border Data Flows (Draft for
Comments) (the Draft Regulations). In current form, the Draft Regulations appear to clarify and walk back the requirements from prior regulations, including
the Data Transfer Security Assessment Measures (Security Assessment Measures) and the Standard Contract Measures for the Transfer of Perso...Read more
Comments) (the Draft Regulations). In current form, the Draft Regulations appear to clarify and walk back the requirements from prior regulations, including
the Data Transfer Security Assessment Measures (Security Assessment Measures) and the Standard Contract Measures for the Transfer of Perso...Read more
October 3, 2023
|3 min read
China’s Amended Civil Procedure Law Expands Jurisdiction Over Foreign Disputes
In early September 2023, the Standing Committee of the National People’s Congress adopted an amendment to China’s Civil Procedure Law (the
Amendment). The Amendment will go into effect on January 1, 2024. The Amendment provides clarity and legal justification for Chinese courts to assert
jurisdiction over foreign-related cases that involve Chinese individuals or specific subject matter.
Amendment). The Amendment will go into effect on January 1, 2024. The Amendment provides clarity and legal justification for Chinese courts to assert
jurisdiction over foreign-related cases that involve Chinese individuals or specific subject matter.
October 2, 2023
|3 min read
Chinese E-Commerce Company Sues Amazon Europe Under China’s Anti-Monopoly Law
Foreign companies should be aware that Chinese companies may attempt, and Chinese courts may accept, these types of cases despite the existence of
forum selection and choice-of-law provisions in a contract.
forum selection and choice-of-law provisions in a contract.
September 12, 2023
|1 min read
Mobile Apps Seeking to Operate in China Must Conduct Filings with the MIIT Before April 2024
The Notice will affect all mobile apps operating on internet networks in China. Mobile app developers or operators will have until the end of March 2024 to
complete the filing.
complete the filing.
August 4, 2022
|2 min read
China Holds Platform Liable for Sales of Infringing NFTs
On April 20, 2022, the Hangzhou Internet Court held a Chinese NFT-trading platform responsible for copyright infringement for the conduct of one of its users
in Case No. (2022) Zhejiang 0192 Minchu No. 1008, the first publicized NFT infringement case in China.
in Case No. (2022) Zhejiang 0192 Minchu No. 1008, the first publicized NFT infringement case in China.
July 26, 2022
|8 min read
Non‑China Transactions in the Context of China’s Newly Amended Anti‑Monopoly Law of 2022
China adopted amendments to its Anti‑Monopoly Law (AML) in June 2022 that impact its premerger antitrust review process and substantially strengthen
penalties for gun jumping and other AML violations. The amendments are effective as of August 1, 2022. Any business whose products or services are sold
in China should be aware of these changes, as Chinese antitrust law extends to transactions entirely outside China’s borders where parties’ reve...Read more
penalties for gun jumping and other AML violations. The amendments are effective as of August 1, 2022. Any business whose products or services are sold
in China should be aware of these changes, as Chinese antitrust law extends to transactions entirely outside China’s borders where parties’ reve...Read more
July 26, 2022
|7 min read
When U.S. Discovery Meets China’s New Data and Privacy Laws
Cadence Design Systems, Inc. v. Syntronic AB et al. is being recognized as one of the first significant decisions regarding discovery disputes involving Chinese
companies claiming that Chinese law, specifically the recently enacted Personal Information Protection Law (“PIPL”), would prevent them from complying with
discovery obligations in U.S. proceedings.
companies claiming that Chinese law, specifically the recently enacted Personal Information Protection Law (“PIPL”), would prevent them from complying with
discovery obligations in U.S. proceedings.
February 24, 2022
|less than 1 min read
A cross-border team of Winston & Strawn White Collar and Regulatory attorneys discusses the recent legislative acts in China, which have placed
multinationals with operations in China that comply with U.S. sanction laws in a tenuous position.
multinationals with operations in China that comply with U.S. sanction laws in a tenuous position.
February 8, 2022
|6 min read
China’s 2021 Negative List Increases Risks of VIE Investment
With the release of the 2021 Negative List for the Market Entry of Foreign Investment[1] (“2021 Negative List”), which went into effect on January 1, 2022,
China’s policy on foreign investment became clear—foreign companies may invest in unrestricted industries or invest passively according to the restrictions
in Chinese law.
China’s policy on foreign investment became clear—foreign companies may invest in unrestricted industries or invest passively according to the restrictions
in Chinese law.