杨士维 顾问

David Yang

联系方式:

邮箱:shiwei.yang@huiyelaw.com
电话:(86)21-52370950
传真:(86)21-52370960
办公地点:

Areas of Practice:

David have more than ten years work experience in IP area, the main field which he worked in is enterprise intellectual property dispute resolution and consultation, including litigation and invalidation of patent, FTO and management & protection of know-how etc., litigation and non-litigation. Before engaging in intellectual property work, David was a technology engineer which give him a good technical background to understand, analysis and interpretate the technical issues in patent cases, he has rich practical experience in patent litigation and invalidation, especially for the complicate case. David also worked for a World' s Top 500 Company for about 7 years in IP division, with extensive experiences in company IP management and enforcement, could see and analysis IP issues from an in-house IP lawyer viewpoint and business.

Moreover, David also has extensive experience in brand protection, investigation, and enforcement, could provide one-stop resolution for clients, many cases he handled or participated in were elected to be the TOP Cases of QBPC and/or province level. 


Representative Matters / Transactions:

  • An invention patent ownership dispute between a Shenzhen technical company and a World’s Top 500 Company. The first instance was lasted for more than 4 years in Shenzhen intermediate people' s Court, the procedure and burden of proof are very complex, in this case, the procedures of patent administrative enforcement in the MSA, patent invalidation in the PRAB, patent infringing litigation and ownership dispute litigation in the Court were totally intersected together, and the witness testimony, expert witness, appraisal of technical feature identity, identification of time and data were all involved in this case too, the first instance Court held times of hearing for this case in four years, in the end the Court approved all the claims of the plaintiff including the reasonable attorney fee based on the preponderance of evidence.

  • An invention patent infringement dispute between a Weifang precision machinery company and a World’s Top 500 Company, in this case, the judge applied the doctrine of claim differentiation to interpretate the independent and dependent claims, and drew a clear line between them, the second instance Court revised the judgement of the first instance to approve the plaintiff' s claims of infringement and compensation.

  • An invention patent infringement dispute between a Taizhou Electromechanical company and a World' s Top 500 Company.

  • A 3-year-nonuse trademark cancellation retrial case in the Supreme People' s Court between a Shanghai development company and a World' s Top 500 Company.

  • A false advertising unfair competition case between a Shanghai flow control company and a World' s Top 500 Company.

  • A trademark infringement and unfair competition case between a Zhejiang refrigeration equipment company and a World' s Top 500 Company.

  • A project of patent invalidation including 20 patents between Hangzhou equipment manufacture company and a World' s Top 500 Company.

  • A project of patent invalidation analysis including 10 patents between Shenzhen technology company and a World' s Top 500 Company.

  • An unfair competition administration penalty case against a Zhejiang refrigeration equipment company, fine is five times of the illegal business.

  • A criminal case of counterfeit registered trademark refers to a Beijing flow technology company, and the suspect was arrested and put into jail.

  • A criminal case of counterfeit a world well know transmitter, and the suspects were spread across more than 10 cities in China, all the suspects were caught and sentenced.


Work Experience:

David graduated from the intellectual property law school of Shanghai University, holding the BE and LLM degree.He passed the PRC bar examination in 2012 and PRC patent agent examination in 2016, he also passed the national intellectual property professional examination in 2020 and becoming the first intellectual property professional in China.

Before came to Huiye law firm, David used to work for a World' s top 500 enterprise for about 7 years as an IP counsel of its Chinese headquarter, earlier David used to an assistant manager in a Shanghai Hi-tech park, with deep understanding and years of practical experience about MNC IP management and IP service in Hi-tech park, which gave him a good background to understand and handle IP cases.

In addition, before David got his LLM degree in intellectual property law, he used to a technical engineer in an Sino-German joint automation company, and was selected bypass certain regulations for one-year tech training in Singapore for his outstanding performances in work, which is very good for him to understand technical issues in patent case.