China’s Patent Reexamination Board, based in Beijing, has ruled in favor of China-based LandGlass Inc. in a patent infringement case filed by Glaston, according to information from both Glaston and LandGlass. Glaston had filed the suit last year, alleging patent infringement related to “certain glass tempering machines” sold in mainland China.
“The Patent Reexamination Board in Beijing has given a decision to invalidate Glaston’s patent based on LandGlass’ invalidation claim against the said patent,” says Glaston CEO Arto Metsänen in a statement issued to USGNN.com/USGlass magazine. “Although we are disappointed on the decision as the same patent is valid across the world, it was not a complete surprise considering the proceedings in China.”
However, Glaston officials say the case may not be over.
“Consequently, we have initiated proceedings to cancel the invalidation decision and in the meanwhile have withdrawn our infringement claim against LandGlass from the Suzhou court in order to reserve a right to bring it to the court again,” adds Metsanen.
LandGlass issued a statement as well, saying a trial was held last October in the Jiangsu Suzhou Intermediate People’s Court and on March 20 Glaston “applied to the court for withdrawal of the prosecution.” Additionally, IGE officials say the withdrawal was approved and Glaston assumed the legal costs for the case.