Mindray vs. Koman win the medical market with patent war

Mindray and Coman are two competing medical equipment manufacturers, with their main products being monitors used in intensive care units (ICUs). The two sides began a fierce business war as early as 2014, competing for the high ground of the monitor market (with annual sales of 3 billion yuan) and the intensive care ICU equipment market (with annual sales of 10 billion yuan). The core weapon is various intellectual property wars, including patent war.

According to incomplete statistics, between 2014 and 2024, both parties initiated 22 patent infringement lawsuits (accompanied by more patent invalidation declarations), in addition to lawsuits related to infringement of trade secrets, reputation rights, and other aspects, making it a decade long struggle.

Recently, a patent of Mindray that has already expired was once again requested by Koman to be declared completely invalid (the patent has been filed seven times for invalidation), bringing the dispute between the two back to the public eye. On the surface, patent litigation is related to technological protection, but in essence, it is market competition.

Mindray vs. Koman win the medical market with patent war

Patent protection is essentially market protection.

China’s intellectual property protection started relatively late, and the Chinese Patent Law was only implemented in 1984 during the early stages of reform and opening up. In the past few decades of market activities, many people have essentially failed to recognize the role of patents. Some people believe that with new technologies and patent applications, they are naturally protected, and there are even those who apply for patents to obtain “recognition” of authorization certificates, similar to receiving “certificates” in school. Some people fall into other misconceptions, such as holding “patents are useless”, “patents cannot protect technology”, “having patents cannot win lawsuits”, “utility models are not as advanced as inventions”, and so on.

It’s not that ‘patents cannot be protected’, it’s that ‘this patent document cannot be protected’.

Some people make full use of the patent system, using patent war to protect the market, start businesses and become rich. The well-known USB flash drives and selfie sticks are like this. However, the ten year entanglement between Mindray and Coman has brilliantly demonstrated the war model of using patent war to seize the market, and both companies have continued to grow and develop as a result.

Rights are the cornerstone, and the quality fundamentally determines the effectiveness of market protection.

In the past decade, with the improvement of legal enforcement, the need for market competition, and the increasing level of research and development, more and more Chinese companies have realized the true value of patents and intellectual property rights. They have shifted from the demand for “having certificates is beneficial for publicity” to the study of the relationship between technology, law, protection strategies, and market strategies, that is, how to use technology to protect, capture, and compete for the market. A few white and black patent documents may help you capture the market and determine the future market landscape.

Developing new technologies, applying for patents, and using patent wars to seize the market can promote technological progress and economic and social innovation. However, how to form a high-quality foundation of rights and predict the competitive power that can be formed in the future market with these few white and black patent documents requires us to rack our brains and make extraordinary layouts.

Original link:Ten years of fighting, Mindray vs. Coman use patents to compete for the market
About Us:Shanghai Bulu Intellectual Property Firm (Special General Partnership)