Dongxiao Ma

Practice Areas

IP Licensing & Enforcement, Litigation & Arbitration, Compliance & Investigation

Personal

Mr. Ma provides intellectual property protection and dispute resolution services in the areas including but not limited to patent, trademark, copyright, trade secret, and anti-unfair competition. His practice encompasses civil infringement cases, administrative cases of right granting and verification of patent and trademark, as well as intellectual property criminal cases. His clients include not only multinational corporations but also a number of well-known Chinese state-owned and private-sector companies in industries including machinery, chemical, software, telecommunications, healthcare, internet, publishing, apparels, food, and catering.

Work Highlights

Trade Secret

• Represented Ningbo Biwo Textile Machinery Co., Ltd. in a dispute with Ningbo Cixing Co., Ltd. over a licensing contract for technical secrets, with the case selected as one of the "Ten Guiding Cases of Anti-monopoly and Anti-unfair Competition of the People's Courts" issued by the Supreme People's Court in 2021, and into the "Essentials of Decisions of the Intellectual Property Court of the Supreme People's Court (2019)" and "Abstract of Annual Report of the Supreme People's Court on Intellectual Property Rights Cases (2019)" in 2020

• Represented Shanghai Luqi Machinery Co., Ltd. et al. against Ubiquitous (Shanghai) Machinery Co., Ltd. in a dispute over infringement of trade secrets, with the case selected as one of the "Ten Guiding Cases of the People's Courts of Anti-monopoly and Anti-unfair Competition" published by the Supreme People's Court in 2021

• Represented Chengdu National Railway Precision Industry Co., Ltd. against Chengdu Tangyuan Electric Co., Ltd. in a trade secret and software copyright infringement case, involving the attribution of the rights and relevant infringement in connection with the R&D software and trade secrets developed during the cooperation between the plaintiff and defendant Represented a large Shenzhen-based state-owned enterprise in a trade secret dispute with a company, where the plaintiff's former employees developed software in different application areas based on the plaintiff's core code without authorization

• Represented Beijing Tic Tic Unlimited Technology Development Co., Ltd. in a trade secret infringement and unfair competition dispute with Gaode Software Company Limited, involving CNY 75 million

• Represented Shanghai Haixi Industrial Communication Co., Ltd. in a trade secret and software copyright infringement dispute with a company, where the defendant stole the communication code format from the plaintiff's communication software and mimicked it

• Represented Sinco Electronics (Dongguan) Co., Ltd. in a cross-border trade secret infringement case against SINCO TECHNOLOGIES PTE, LTD., where we coordinated Chinese and foreign teams to handle a series of litigations in the US and China regarding trademark infringement, trade secrets, and unfair competition

• Represented Yantai Wanster Co. against an individual and Yongli Cylinder Sleeve Factory in trade secret infringement disputes in the first instance before Yantai Intermediate People's Court, the second instance before Shandong High People's Court, and the retrial before the Supreme People’s Court, all of which resulted in a favorable outcome for the client

• Represented Yantai Wanster against Yantai Fujitsu and an individual in a trade secret infringement dispute, secured for the client CNY 5 million in damages before Yantai Intermediate People's Court in the first instance, and got the two parties to settle in the second instance

• Represented Dalian Penghui Xinda Technology Co., Ltd. against Dalian Huashi Fluid Equipment Co., Ltd. in a trade secret infringement dispute, which was a civil-criminal hybrid requiring addressing its criminal aspects before its civil aspects could be decided, in the first instance before Dalian Intermediate People's Court, the second instance before Liaoning High People's Court, and the retrial before the Supreme People's Court

• Represented Beijing Bo En Xing Zhi Education Technology Co., Ltd. against an individual, Beijing Yi Shi Kao Education Technology Co., Ltd., and others in a dispute over infringement of trade secrets, where the individual, a former live streamer employed by the client, allegedly misappropriated the client's list of students upon termination of employment

• Represented Anhui Silicon Power Organic Silicon New Material Co., Ltd. in a dispute over infringement of trade secrets with Anhui Boiling Point New Material Co.

• Represented Daqing Zhengfang Software Technology Co., Ltd. and Beijing Jinzhengfang Data Co., Ltd. in the second-instance trial of the dispute over infringement of trade secrets with Carbonate Crumb Oil Reservoir Co.

• Represented Qingdao Xinsanda Economic and Technological Development Co., Ltd. against Hangfeng Technology and Trade Co., Ltd. and others in a case involving infringement of trade secrets concerning a new type of film manufacturing method, with the case decided in 2000, making it one of the earliest trade secret cases in China

High-profile Patent Litigation

• Represented Huawei Technologies Co., Ltd. in a number of patent invalidation and infringement lawsuits and conducted patent analysis for the client

• Represented Changsha Institute of Mining and Metallurgy Co., Ltd. in an administrative dispute over the invalidity of a utility model patent for a removable combined high-pressure water blasting nozzle, where the patent in question was invalidated by the State Intellectual Property Office, and successfully appealed the case, securing a favorable ruling before the Supreme People's Court in the second instance

• Represented Leiwo Heavy Industry Co., Ltd. in a utility model patent infringement case against an individual and Harbin Tengyue Automobile Distribution Co.

• Represented Shenzhen Xuran Electronics Co., Ltd. in a patent infringement and invalidation litigation against Asahi Kasei Co., Ltd. for a lithium-ion battery diaphragm, involving a patent litigation for a single-layer W-scope battery diaphragm

• Represented Beijing Qihoo Technology Co., Ltd. and Beijing Jiangmin Technology Co., Ltd. in "GUI" design patent infringement litigation, which is known as the first case of GUI patent infringement in China, exerting a far-reaching impact on China's graphical user interface GUI industry

• Represented Hengbao Co., Ltd. in a patent infringement litigation case against Beijing Grip Data Systems Co., Ltd. for U-shield invention, with the case drawing the attention of the National People's Congress and the wider society and setting the precedent of substantial compensation in China's patent trials

• Represented Shenzhen Jinyi Technology Co., Ltd. against Beijing Juli Technology Co., Ltd. in a CNY 100 million invention patent infringement litigation, involving patent infringement of ETC non-stop electronic toll collection system, which attracted much attention from the ETC industry

• Represented Shanghai Purisheng Co., Ltd. in a series of utility model and invention patent infringement lawsuits against Taizhou Zhuye Machinery Technology Co., Ltd., warding off malicious patent litigation before the client's listing and helping the client successfully list on the GEM board in the process of litigation

• Represented Sichuan Lanchen Pipe Industry Company against Chengdu Kaiyuan Pipe Industry Company in a patent infringement dispute and filed for the client a request for invalidation of the disputed patent, which, despite the unfavorable circumstance where the client lost in the first instance, ultimately resulted in the patent declared invalid and the opposing party's appeal rejected by the Supreme People's Court

• Represented Shanghai Kaisai Biotechnology R&D Center Co., Ltd. against Shandong Hanfeng Biotechnology Co., Ltd. in a patent infringement dispute, which was selected as a guiding case of judicial protection of intellectual property rights by Qingdao Intellectual Property Court in 2019

• Represented Shanghai Kaisai Biotechnology R&D Center Co., Ltd. against Shandong Hanlin Biotechnology Co., Ltd. in a series of litigations concerning the ownership of the patent right of long-chain diacid invention, infringement of trade secrets, and revocation of the pre-litigation injunction, involving both criminal and civil proceedings on patent infringement, patent ownership, and trade secrets, which is China's first case where the pre-litigation injunction was revoked

• Represented Kunshan Tong Plastic Machinery Manufacturing Co., Ltd. against Sichuan Jinshi Dongfang Co., Ltd. in a utility model patent infringement litigation concerning metal reinforced spiral corrugated pipe manufacturing device, which was re-examined by the Supreme People's Court

• Represented the Institute of Computing Technology of the Chinese Academy of Sciences in a patent invalidation administrative litigation with the State Intellectual Property Office of China and Tiandi Rong Technology Company Limited, which was re-examined by the Supreme People's Court and involved the fundamental patent in the field of digital identity tokens

High-profile Trademark and Copyright Cases

• Represented Fujian Qiaodan Sports Co., Ltd. in a series of 68 trademark administrative litigations for retrial before the Supreme People's Court, which was ranked first among the top ten intellectual property cases in Chinese courts in 2016

• Represented Proview Technology in a series of litigations against Apple Inc. in relation to trademark ownership, infringement and administrative investigation of the "iPad" trademark, ranked first among the top ten cases of judicial protection of intellectual property rights by the Supreme People's Court in China in 2012

• Represented Cortina NV in an administrative litigation on invalidation of its trademark (re-examined by the Supreme People's Court)

Mr. Ma’s bio can be found here: https://en.zhonglun.com/team/madongxiao.html

Expert in these Jurisdictions

PRC Bar, 1999

Experience

Partner, Zhong Lun Law Firm, 2013 to present

Partner, Grandall Legal Group, 2006-2013

Deputy general manager, IntellecPro, 2002-2005

Director of Legal Department, Haier Group, 1989-1999

Languages Spoken

Chinese

English