Ping Gu - Beijing - Lawyer Profile | Benchmark Litigation

Position:

Partner

Address:

Beijing

PO Box:

Telephone:

+86 10 5957 2089

Email:

Contact this Practitioner

Web:

Visit website

LinkedIn:

Join my network

Rating:

Litigation Star

Languages:

Chinese
English

Jurisdiction:

Beijing

Practice area:

Government and regulatory
Intellectual property

Biography

Ping Gu is a seasoned IP law expert with over 23 years of experience focusing her practice on complicated patent, trade secret, trademark, copyright litigations and licensing matters in China. She handles the most sophisticated and cutting-edge IP cases involving software, semiconductor, wireless communication, and chemistry areas representing multinational companies. Her IP litigation cases received many accolades including: Deals of the Year 2019, Deals of the Year 2020 and 2024 Outstanding Deals by China Business Law Journal; Exemplary Case by the Supreme Court of China (2019); Beijing IP Court Top 10 cases (2016); Patent Trial and Reexamination Board Top 10 cases (2016), guiding case for intellectual property administrative protection by the CNIPA (China Intellectual Property Administration). She is a Chamber Asia Pacific Band I IP Lawyer.

Graduated from Washington University in St. Louis School of Law with a Juris Doctor degree, she is licensed to practice law in the state of New York, and before the USPTO. She has worked in the New York offices of Morgan & Finnegan, and Milbank Tweed for more than 8 years.

Ping is a partner at Zhong Lun Law Firm, leading a team that works on the most cutting-edge IP cases in China. Ping represents Fortune 500 companies, including Google, Align, Zoom, TSMC, Netgear, Abiomed, SABIC, TetraSun, SCHOTT, Sony, ExxonMobil, Bombardier, Segway, Sogou, and JCET, etc.

Recent case highlights

Represented Align Technology. Inc. in a patent infringement case Shanghai You Hui Investment Consultancy Co., Ltd filed a patent infringement administrative complaint against Align’s world-famous orthodontics product Invisalign before Beijing Intellectual Property Office. Align is a global medical device company with industry-leading innovative products, aiming to help dental professionals achieve the clinical results they expect and deliver effective, cutting-edge dental options to their patients. The plaintiff only has one patent in its portfolio and seemly acts like a troll. In 2022, the orthodontics market has annual sales of $1.5 trillion in China. Align is one of the largest players. This case involves high stakes in the orthodontics industry. We filed an invalidation with the patent office (CNIPA) on behalf of Align within 2 weeks after the patent infringement case being filed. On 01/12/2023, the CNIPA invalidated the entire patent. With the invalidation of the patent by CNIPA, the Beijing IP Bureau dismissed the infringement case. The case filed by Youhui against Align came to a satisfactory close to our client. This case was selected as one of the third batch of guiding cases for intellectual property administrative protection released by the China Intellectual Property Administration, and it was also chosen as one of the 2024 Outstanding Deals by Business Law Journal.

Represented Google in a patent infringement case against Global Innovation Aggregation. In May 2023, Global Innovation Aggregation filed a patent infringement lawsuit against Google, alleging that "Nest Protect Smoke Alarm" sold by Google infringed its patent before Jinan Intermediate People's Court, and seeking damages and injunction relief. Upon being engaged by Google, we immediately formulated a comprehensive strategy. We analysed the technology of the patent involved thoroughly and initiated an invalidation proceeding against the patent. On the infringement side, we conducted detailed evaluations of the product and developed a robust non-infringement defense. Concurrently, we requested a stay of trial to the Court pending the invalidity which was granted by the Court. In February 2024, China National intellectual property administration (CNIPA) issued an invalidation decision, declaring the patent entirely invalid. Based on the invalidation decision, on February 28, 2024, the Court ruled to dismiss Global Innovation Aggregation's lawsuit, marking a complete victory for Google. We have formulated a comprehensive strategy for Google in response to patent infringement lawsuit, including patent invalidity, non-infringement defense, stay of trial pending invalidation, and we achieved a complete victory. As a globally renowned technology company, Google exerts industry influence across various aspects. This case is exemplary for companies on how to deal with infringement lawsuits and protect legal rights and interests.

Represented Schott Shanghai in the patent infringement war against its competitor Corning Inc. Corning Incorporated, a U.S. competitor of Schott, initiated 5 patent infringement lawsuits against Schott AG, Schott Shanghai, and Hongyibo before different courts, seeking USD 3.45 million in damages. We made comprehensive approaches for Schott, including filing jurisdiction objections， arguing defenses and initiating invalidation proceedings. In the patent infringement case ((2022)J73MC1817), we retained an appraisal agency to issue a report, which demonstrated the accused products did not fall within the scope of the claims. Upon submission of our appraisal report of non-infringement, Corning withdrew the case. For the other three infringement cases at the Suzhou Intermediate Court, the court was persuaded by our strong jurisdictional objections and agreed to transfer the cases to the Shanghai IP Court. These cases are still ongoing. Corning has also filed another infringement case before Beijing IP Court in 2025. For this new case, Schott Shanghai has filed a jurisdiction objection before the court. This case is still in the process of service to Schott AG. Meanwhile, we filed invalidation petitions against all the asserted patents before the CNIPA. In one case, CNIPA has issued a decision declaring the patent entirely invalid. The remaining cases have been heard and are awaiting decisions. As a counteraction, we represented Schott to file a litigation against Corning in Hainan, alleging that Corning’s Gorilla Glass infringes Schott’s patent. The case is ongoing.

Represented Saudi Basic Industries Corporation (SABIC) in a patent infringement case. SABIC is a world’s largest petrochemicals manufacturers and has operations in around 50 countries. We represented the client to file a patent infringement case before the Shijiazhuang Intermediate Court against its competitor, HBJX. The patent involves key chemical ingredients for the 5G industry. The infringing product, a hard-to-procure intermediary chemical, was notarized for purchase with help from notaries and private investigators. Testing its chemical parameters was difficult due to the liquid's instability and the patent's complex parameters. We overcame these issues, worked with experts to analyze results, and created a comprehensive report. We obtained a favorable judicial infringement appraisal, which we submitted, along with the infringing products, to the court. The court ruled in our favor, acknowledging infringement and issuing both injunctions and monetary damages. HBJX subsequently appealed to the Supreme People's Court, and the case is currently pending in the second instance. Meanwhile, we successfully defended against two patent invalidation attempts by HBJX, maintaining the patent's validity.