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Altek Co., Ltd. (hereinafter referred to as Altek) is a well-known digital camera developing and manufacturing enterprise in Taiwan. With the popularization of multi-camera in mobile phone, Altek had the foresight to develop dual-camera and multi-camera, launched the worldwide first dual-camera smart phone in cooperation with Taiwan HTC, proposed a solution for the problem that when the dual-camera or multi-camera suffers from an external impact the capturing function thereof is affected, and provided a lens assembly with anti-collision function, for which Altek applied a patent for utility model patent in China in 2014, with the patent number of 201420495978.5.
       In March 2016, a third party filed a request for invalidation of the patent concerned. The Patent Reexamination Board made an examination decision of invalidation in August 2016, declaring the patent right invalid in whole.
      Attaching great importance to the validity of the patent concerned, Altek turned to TDIP, in the hope of revoking the invalidation decision through administrative litigation. TDIP quickly set up a professional team to analyze all the documents in the patent invalidation stage in detail, provided grounds for litigation, and filed an administrative litigation with the Beijing Intellectual Property Court within the prescribed time limit.
       The prosecution of the case focused on the inventive step of the patent. TDIP took its own advantages to elaborate, in the indictment and the trial debate, reasons for supporting that the prior art does not provide a combination teaching, and the patent concerned involves an inventive step, mainly in view of the technical problem solved by the patent concerned, the technical solution of the claims, and the disclosure of the prior art. Finally, the court accepted our viewpoints, revoked the examination decision on the request for invalidation made by the Patent Reexamination Board, and TDIP won the administrative litigation in the first instance.