On March 25, Two Supremes made a detailed review of the case between Jijia Cosun and Aiqiqi. Jijia Cosun, the company of the electronic cigarette brand INSTAFLOW, said that ELFBAR AF5000 was suspected of infringing the patent technology of its product INSTAFLOW, and provided relevant evidence such as product structure comparison diagram, listing time comparison, and patent screenshots. At the same time, Jijia Cosun stated that it had sued Aiqiqi and Honeycomb Factory in court for infringing its patent rights on the grounds of "infringement of utility model patent rights dispute". In the email, it said:

"Regarding the infringement case, the mediation has ended and officially entered the litigation stage. We have received multiple invalid patent applications, but there is sufficient evidence and arguments to maintain the stability and innovation of our patents. It is gratifying that our innovation has been respected and supported by overseas channels. Even companies that have in-depth cooperation with Aiqiqi are also working hard to promote and sell original INSTAFLOW products. We hope that other companies will no longer restrain themselves. In order to encourage innovation, protect the healthy development of the industry, and improve the level of intellectual property protection in my country, Jijia Kexun and its partners will stand firm and work together!"

In the email, Jijia Kexun showed the two supremes a "Notice of Acceptance of Invalidation Request" issued by the State Intellectual Property Office. The notice shows that the name of the invention is detachable oil bottle (INSTAFLOW F9), the patent owner is Shenzhen Jijia Kexun Technology Co., Ltd., and the invalidation applicant is Aiqiqiqi (Shenzhen) Technology Co., Ltd.

The acceptance notice shows:

On April 2, 2024, the invalidation request filed by the invalidation applicant for the above-mentioned patent right was accepted after formal review and found to be in compliance with the relevant provisions of the rules and examination guidelines. Please do not respond to the invalidation request within 1 month from the date of receipt of this notice. If you do not respond to the invalidation request within 1 month from the date of receipt of this notice, it will not affect the review of the National Intellectual Property Administration. Submit two copies of the opinion statement and indicate the case number and patent. According to Article 73 of the Implementing Regulations of the Patent Law, during the review of the invalidation request, the invention or utility model may modify its claims, but the protection scope of the original patent shall not be expanded. The patent right specification and drawings of the invention or utility model patent, and the patent owner of the design patent shall not modify the pictures, photos and brief descriptions. The modification shall also comply with the provisions of Section 4.6 of Chapter 2 of Part 4 on the modification of patent documents in the invalidation procedure.

Kyle, CEO of Jijia Cosun, told the two supremes that Ai Miracle has not responded since the last statement, "but it is taking some actions, such as wanting to invalidate our patent in the UK, and now also wanting to invalidate it in China." Kyle said.

"Our lawyers have refuted it, and it actually has no impact on us," Kyle said. "We have had the patent for more than half a year. If he invalidates it at this stage, from other perspectives, I think this reason is far-fetched."

Kyle mentioned that when applying for INSTAFLOW-related patents, the company had conducted patent searches on patent websites. "When we searched, the entire international industry did not have such product innovations, so the patent was applied for."

According to Article 45 of the Patent Law of the People's Republic of China (Revised in 2020), from the date when the patent administration department of the State Council announces the grant of patent rights, any unit or individual who believes that the grant of the patent right does not comply with the relevant provisions of this law may request the patent administration department of the State Council to declare the patent right invalid. Article 46 stipulates that if a person is dissatisfied with the decision of the patent administration department of the State Council to declare a patent right invalid or to maintain a patent right, he or she may sue the people's court within three months from the date of receipt of the notice. The people's court shall notify the other party to the invalidation request procedure to participate in the litigation as a third party.

Based on the relevant procedures of the Patent Law, Kyle said that he had arranged for a lawyer to respond, and the lawyer believed that "the probability of invalidating this patent is very low."

Gigatech News: Mediation is acceptable, but the other party is "not sincere"

The lawsuit in China has only made initial progress. Kyle expects that before May 1, the lawyer will go to the Shenzhen Court to respond to the matter.

Is there only litigation and no mediation?

When the two supremes raised this question, Kyle said: "We are not saying that we refuse to mediate, and we are certainly willing to mediate, but it (Ai Qiqi) still uses some unreasonable angles to criticize us. If we have to go to this step, we will follow the formal process."

He pointed out that Ai Qiqi's denial of the product appearance patent confused him. The product's appearance patent has been successfully applied in the UK, but now "it even wants to deny our appearance patent."

He also revealed that the starting point for his British clients to choose to sue is to safeguard their own legitimate interests and to show their attitude. "Our British clients are very receptive to mediation, but they are not sincere." Kyle said.

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