Editor’s Note: Intellectual Property Highlights and Strategies for Innovation

Welcome to the MeritsIP Newsletter. We delve into critical updates in the intellectual property landscape, providing insights and strategies to help you navigate the ever-evolving world of patents, trademarks, and copyrights. Read on to stay informed and ahead in the game of innovation.

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Intellectual Property System International Cooperation Work Conference Held in Fujian

Recently, the 2026 Intellectual Property System International Cooperation Work Conference took place in Fuzhou, Fujian. It summarized achievements of intellectual property international cooperation during the “14th Five – Year Plan”, analyzed the current situation, and planned key work for 2026. Zhang Zhicheng, a CNIPA official, attended and spoke. Officials from the Ministry of Foreign Affairs provided guidance.

The conference affirmed past five – year achievements in international cooperation. It stressed studying and implementing Xi Jinping Thought, serving China’s diplomatic strategy, coordinating cooperation and competition in IP, and supporting high – level opening – up.

Responsible comrades from Tianjin, Shandong, Chongqing, Shaanxi, and Fujian IP administrations gave exchange speeches. Representatives from CNIPA departments and local IP administrations participated.

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First AI Large Model Patent Sharing Alliance SAIL Established

On April 8, 2026, Anthropic, Genentech, IBM, Meta, and Microsoft jointly announced the establishment of the Shared AI License Foundation (SAIL), the world’s first patent – sharing alliance for AI large – model technology. Member enterprises will non – exclusively license basic model – related patents to each other, reducing patent infringement risks. Five companies are founding board members, with eBay and TD Bank Group as observers, and Block and Figma have joined. Existing members have over 33,000 patent families, and this number will grow.

Global AI – related patent applications have increased by over 2000% in the past decade, and AI spending in 2026 is expected to reach $2.52 trillion. Many AI patents are held by different owners, and non – patent – practicing entities often file infringement lawsuits. SAIL aims to build a joint defense through cross – licensing. It differs from traditional patent pools as it focuses on cross – free licensing of AI basic model patents. Most members are US companies, and its influence depends on membership and patent coverage expansion. In China, CNIPA plans to establish an AI large – model patent pool. Coordinating patent rights globally is a common challenge.

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Baiwei Storage Facing Multiple Patent Lawsuits

Baiwei Storage, a prominent storage firm, has been hit with two new patent infringement lawsuits, with a combined claim of 50 million yuan. On April 8, Shenzhen Baiwei Storage Technology Co., Ltd. announced receipt of relevant materials from the Nanjing Intermediate People’s Court. The plaintiff, Amtel Company, a joint – venture between Memory Technologies LLC (MTL) and Shenzhen Anjie Storage Electronics Co., Ltd., sued Baiwei Storage and related parties for two cases of invention patent infringement. MTL is a Patent Assertion Entity, and Shenzhen Anjie Storage Electronics is a subsidiary of Shenzhen Jiangbo Long Electronics Co., Ltd. Baiwei Storage was in license negotiations with MTL, and during this period, the ownership of some patents in the package was transferred to Amtel.

Amtel had filed two similar lawsuits against Baiwei Storage in September 2025, which are still pending. Now, it has filed two more based on different patents in the same package, each claiming 25 million yuan. Baiwei Storage believes the lawsuit won’t affect its supply ability and the damage claim lacks evidence.

Founded in 2010, Baiwei Storage focuses on semiconductor memory. It had significant revenue and profit growth in 2025, and its performance in early 2026 is expected to rise due to the booming storage industry. As of April 8, its stock price increased by 5.64%.

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Live Review: Follow-up of the Apixaban Case – Is G2/21 a Universal Pass for “Post-filed Data”?

On the afternoon of March 26, 2026, an online seminar jointly organized by AWA Law Firm and IP ForeFront was held, with participation from Michael Bech Sommer, Edit Szodorai, and Wang Mingbo. Using the Apixaban case as an example and combining five latest cases after the G 2/21 decision, the seminar explored the application boundaries of post-filed data for “inventive step” and “sufficiency of disclosure” in European patent practice. It covered the divergence in the Apixaban case and the G 2/21 two-step test, three typical cases in inventive step review showing the legal “invisibility” of post-filed data when the technical effect isn’t covered by the original teaching, the fact that post-filed data can’t make up for disclosure lack in second medical use patents through two case analyses, practical suggestions for enterprises on balancing early protection and data sufficiency, and concluded that G 2/21 isn’t a universal pass and application document quality is crucial for Chinese pharmaceutical companies.

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Supreme People’s Court Rules in Favor of Xiao-i Robot’s Chatbot System Patent, Rejects Apple’s Invalidity Claim

On March 27, the Supreme People’s Court issued a final judgment, rejecting Apple’s appeals and confirming the validity of Shanghai ZhiZhen’s “A Chatbot System” patent. The patent was applied for in 2004 and granted in 2009. Apple launched Siri in 2011, and Shanghai ZhiZhen sued for infringement in 2012. After years of legal battles, the Supreme People’s Court’s ruling ends the 13 – year – long dispute. However, the Shanghai Higher People’s Court has not judged the civil infringement case, so it’s unclear if Siri infringes and the compensation amount. The patent’s 20 – year protection expired in August 2024, and Xiao – i Robot faces financial issues with a 2024 net loss of $14.55 million and negative operating cash flow. As of reporting, Apple has not responded.

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USPTO Turns the Corner on Unexamined Patent Application Backlog Reduction

The U.S. Patent and Trademark Office (USPTO) has made significant progress in reducing patent pendency and unexamined application inventory while ensuring quality. For the first time in nearly a decade, the number of first office actions in a fiscal year surpasses new applications filed. As of April 6, 2026, the unexamined patent application inventory dropped to 776,995, the lowest in two years. This was achieved while meeting all statutory quality targets.

John A. Squires of the USPTO said they aim to eliminate backlogs and enhance quality. Thanks to examiners’ efforts, they’ve reached a favorable point for applicants. The USPTO is also making headway in handling old unexamined applications and nearing the goal of eliminating those exceeding 36 months. Reducing examination wait – time benefits U.S. companies, with a one – week reduction increasing a company’s value by about $35,000 on average. The USPTO is releasing AI tools for examiners and is about halfway to its new – examiner hiring goal.

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Zheng Youde | SkyBell Technologies v. Alarm.com Trade Secret Infringement Case: Conflict and Balance between Reverse Engineering Contract Ban and “Reasonable Diligence” Obligation in Statute of Limitations

This article delves into the SkyBell Technologies v. Alarm.com trade – secret infringement case. SkyBell, established in 2013, had proprietary video doorbell technology. It signed a DIA with Alarm.com in 2015, giving the latter limited access. In 2022, SkyBell terminated the DIA and accused Alarm.com of using its trade secrets post – termination.

Alarm.com moved to dismiss, claiming the lawsuit was time – barred. SkyBell argued the infringement began after the agreement expired. The court ruled in SkyBell’s favor, stating the statute – of – limitations defense is an affirmative one, better addressed in summary judgment. It noted that determining reasonable diligence is fact – specific. The DIA’s reverse – engineering ban restricted SkyBell’s investigation, and Alarm.com couldn’t support the claim that reasonable diligence requires contract violation.

The court also considered SkyBell’s confidentiality measures and Alarm.com’s misleading assurances. It concluded that it can’t be determined that SkyBell should have discovered the infringement earlier. This ruling enriches the jurisprudence of “reasonable diligence” in DTSA and VUTSA, offering insights for trade – secret litigation lawyers.

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Operator to Pay for SEP? US NPE Sues Verizon and Samsung for Wireless Communication Patent Infringement

On April 2, 2026, US NPE Peninsula Technologies, holding hundreds of 5G standard essential patents (SEPs), sued telecom operator Verizon Wireless and its base station equipment supplier Samsung Electronics in the Eastern District of Texas Federal Court for infringing four wireless communication patents. The four patents, acquired from US R & D institution Ofinno, involve 5G technologies like network slicing, non – public network access management, session release, and cell configuration. Peninsula, a subsidiary of Dominion Harbor Enterprises, got over 200 wireless communication patents from Ofinno in early 2025 and has since filed a series of lawsuits. Suing operators for SEP is a growing trend, seen in cases in Europe and the US. Chinese telecom operators currently face relatively controllable risks but need to monitor international patent litigation trends as global NPEs target communication infrastructure and new technologies gain popularity.

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