Taiwan Supreme Court dismissed Phoenix Silicon’s appeal for patent infringement case against Integrated Service Technology

E211013Y1 Nov. 2021(E264)
 In September 2019, Phoenix Silicon International Corporation (hereinafter referred to as “Phoenix Silicon”) filed a lawsuit with the Taiwan IP Court, alleging that Integrated Service Technology (hereinafter referred to as “IST”) infringed upon its No. I588880 patent titled “manufacturing process of wafer thinning”.  In June 2020, the IP Court rendered a judgment finding Phoenix Silicon’s patent invalid in the first instance proceedings, against which Phoenix Silicon filed an appeal.  In May 2021, the IP Court adjudicated on this case to affirm the invalidity of Phoenix Silicon’s patent in the second instance proceedings.  Hence, this case was brought to the Supreme Court upon Phoenix Silicon’s appeal  
  
 The Supreme Court dismissed Phoenix Silicon’s appeal on the ground that Phoenix Silicon failed to appeal this case in accordance with legal procedure.  Also, the Supreme Court again sustained and affirmed the IP Court’s second-instance decision that Phoenix Silicon’s No. I588880 patent lacks inventive step, and thus, should be held invalid on the grounds that the patent can be easily made by a person having ordinary skill in the art and Phoenix Silicon had admitted its patent as prior art during the second instance proceedings.  With entry of the Supreme Court judgment, this case has been finalized and Phoenix Silicon shall file no more appeal.  (Released 2021.10.13)
/CCS
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