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Sogou wins 3 out of 4 first instance software disputes against Baidu

Release time:2018-04-08

In Beijing Sogou Technology Development, Beijing Sogou Information Services, and Shenzhen Century Light Information Technology (collectively “Sogou”) v. Beijing Baidu Netcom Technology (“Baidu”), Beijing Intellectual Property Court, (2015) Jing Zhi Min Chu No.’s 01731, 01732 and 01943, a dispute involving multiple software patents, Lifang & Partners acted for Sogou. The dispute concerns 4 patent infringement cases and is estimated to be worth RMB 39.6 million. On 6th April 2018, Beijing IP Court made first instance decisions that upheld cases 01731, 01732, and 01943.

A major bone of contention is how to prove the patent infringement actions, especially where only Baidu has access to Baidu product source codes, which has caused us difficulties is an understatement. For technical reasons, it is not possible to reverse engineer the source codes from installation files.

In preparing for the 2017 hearing, our lawyers and patent attorneys designed various operating plans and consulted with Sogou technical staff to work out the best litigation strategy possible. During the hearing, we supported our arguments by demonstrating relevant operations and contesting Baidu’s non-infringement defense from a technical perspective.

Lifang & Partners demonstrated both the quality and efficiency of our legal services and, in the process, protected the best interests of Sogou and their reputation. This is the first software-related patent dispute involving the Chinese internet industry. The sheer number of patents involved and the value of damages claimed are unprecedented. As the dispute involves two internet juggernauts, this battle for supremacy has captured a massive amount of public attention. Throughout this dispute, our lawyers and patent attorneys have demonstrated their professionalism, quality, technical expertise, creativity and competency in dealing with novel issues.

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