On September 14, 2023, LegalOne - a research corporation for legal services worldwide - released its rating for the case "FMC secures pre-suit injunction in China for patent infringement," which was represented by GEN Law Firm. We are thrilled to share that this case has been awarded “LegalOne Merits (Exemplary)”. It means that this case is recognized as a model case for the industry given the unique merits it has presented. This case is indeed a very rare pre-suit injunction in a patent infringement lawsuit in China in favor of a foreign company in the recent years.

The GEN Law team members for this case include Jerry Xia, Simon Du, Aaron Zhou, and Melody Ye. As LegalOne noted, "GEN Law Firm provided assistance throughout the entire litigation process for FMC, encompassing the development of a litigation strategy and representation in all court proceedings and settlement negotiations. Notably, the law firm exhibited ingenuity by offering advice to FMC regarding forum shopping. A pivotal moment arose when the initial phase of the case encountered an impasse in Shanghai due to the city's pandemic-induced lockdown. The law firm therefore turned to the Ningbo Court for the pre-suit injunction application."

The case was heard in the Ningbo Intermediate People's Court, Zhejiang Province. On April 19, 2022, the court issued a pre-suit injunction, ordering the accused infringer a local Chinese company to cease offering sales of products that infringe on FMC's invention patent rights until the patent expires. The case is one of the few patent infringement cases where a pre-suit injunction has been granted by Chinese courts. Its selection as "LegalOne Merits (Exemplary)" showcases the significance of this decision which not only makes a good example for international IP owners but also may drive amendment of future judicial interpretations on the circumstances for preliminary injunction issuing.

Considering its merits, this case has also been recognized as "2022-2023 QBPC Top Ten Civil Litigation and Judicial Procedure Cases," "2022 Zhejiang Courts' Top Ten Intellectual Property Cases," and "2022 Ningbo Courts' Top Ten Intellectual Property Cases."

The details of LegalOne's evaluation of this case are available at: https://www.legaloneglobal.com/deal/d-1693452475227.


LegalOne is a global legal service research corporation with extensive knowledge of legal media. They supply valuable insights to business owners, general counsel, and decision-makers, from direct ratings and client testimonials to legal advisors, as well as appraisals and exclusive reviews of commercial transactions, dispute cases, and intellectual property matters.

Jerry Xia  Partner

Practice Areas:Intellectual Property, Technology Transactions

Dispute Resolution, Merger&Acquisition, Regulatory Compliance, Policy Advocacy

T:+86 21 5266 0175


Mr. Jerry Xia is one of the founding partners of GEN Law Firm, and the managing partner of Shanghai office and US liaison office. With a diverse background in law and technology, he has over 20 years of experience in both private and in-house practice in China and APAC. Before returning to private practice, he was Honeywell’s Deputy General Counsel and Chief IP Counsel in Asia Pacific.

Mr. Xia's practice focuses on providing strategic advice to local and international clients in the areas of intellectual property (both contentious and non-contentious), dispute resolution, brand licensing & technology transactions, M&A, compliance & regulatory compliance, policy advocacy & government affairs, etc. Particularly in terms of IP practice (patents, trademarks, trade secrets, copyrights, etc.), he is one of the IP experts in the industrial and information technology field recognized by the Chinese Ministry of Industry and Information Technology (MIIT). His experience and expertise encompass all kinds of IP issues such as IP enforcement and litigation, IP filing and portfolio management, product clearance and other risk management, IP transactional support, trade secret protection, etc.

Most notable is Mr. Xia's achievement in IP enforcement and litigation. He has handled numerous award-winning IP lawsuits in China, including e.g.  history-making preliminary injunctions in patent infringement litigations, a landmark trademark retrial win before the Chinese Supreme Court, a unique design of an industrial product obtaining trade dress protection under unfair competition law, and a pioneering criminal conviction of a trade secret stealer based on the remedial cost incurred by the owner. In addition, he successfully helped Honeywell obtain well-trademark recognition from the Chinese Trademark Office and won a patent litigation case in Japan.

During his tenure at Honeywell, he helped formulate the company's China IP strategy (including e.g. the inventor award policy) and establish local patent committees to have achieved a significant increase in patent generation. In addition, he also led the team to have cleared hundreds of new product introduction (NPI) projects to protect Honeywell's innovation and business growth, all of which contributed to Honeywell's ranking among Top 100 Global Innovators for 7 consecutive years.

Besides IP filing & prosecution and portfolio management, Mr. Xia is very experienced in providing transactional support to IP licensing activities, M&A due diligence (including FTO clearance) & integration, and contract drafting & negotiation. The deals he has handled include e.g. the $11B valued C919 China Big Aircraft Program and a number of joint ventures in the areas of industrial automation & safety, chemicals & materials, software and IoT.

Beyond IP practice, Mr. Xia works with his team to extend his support to other corporate legal issues such as commercial litigation and arbitration, import/export compliance, antitrust, data protection, white-collar crimes, employment law, etc. In particular, Mr. Xia has rich experience in dealing with government affairs. He has long been active in the China Association of Foreign Invested Enterprises, established strong communications with the Chinese government at different levels, and participated widely in the comment contributing activities in Chinese legislation and policy making activities. In addition, he frequently speaks at international conferences organized by the World IP Organization (WIPO), the China National IP Administration (CNIPA) & local IP offices, the US Patent & Trademark Office (USPTO) as well as world leading universities and research institutes and publish professional articles.

Prior to his in-house position at Honeywell, Mr. Xia worked at the international law firm Baker & McKenzie based in Hong Kong for a few years and also served as legal manager for Datang Mobile, a famous Chinese telecom technology leader headquartered in Beijing, plus a period of time working for the Sino-Europe Technology Transfer Center in the Netherlands.

Mr. Xia is widely recognized in the industry. He has received a number of key awards, including “Top 15 IP Lawyers in China” from LegalBand, “Global In-house Counsel of the Year” from the World Trademark Review (WTR) magazine and the “Asia Pacific IP Individual of the Year” from the International Law Office (ILO) and the Association of Corporate Counsel (ACC). He is listed on “China IP Litigation” by Chambers & Partners, “China Client Choice” by Asian Legal Business (ALB), “A-List: Top 100 Legal Elites in China” by the China Business Law Journal (CBLJ) and on the “World's Top 300 IP Strategists” by the Intellectual Asset Management (IAM) magazine.

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Simon Du  Partner

Practice Areas:Intellectual Property, Unfair Competition, Trade Secret, Corporate Compliance

T:+86 21-5266 0337


Mr. Du is a partner with over 10 years' experience in providing consultation services on a wide range of intellectual property issues in both contentious and non-contentious matters. Legal services Mr. Du provides include patent, trademark and copyright litigation, intellectual property enforcement and unfair competition dispute resolution. Most of his clients are innovation-oriented enterprises and local TMT companies.  Many cases that Mr. Du leaded and participated had been awarded as “BEST Practice” by QBPC in 2014/2015, 2017/2018 and 2019/2020, “Top 10 IP Cases” by Guangdong Higher Court in 2020, “Typical Case of IP Protection” selected by Qingdao court in 2021 and by Guangdong Higher Court in 2022.  Mr. Du's education in chemistry equips him a good understanding of technical issues he faces in the course of his practice.

Furthermore, Mr. Du conducted a lot of research on corporate compliance and anti-corruption judicial practice, and provided the relevant legal service to clients in medical health, manufacturing, real estate, internet and many other industries and accumulated rich experience especially in electronic forensics, due diligence check, financial audit, documentary analysis and personnel interview. 

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Aaron Zhou Attorney

Practice Areas:Intellectual Property Litigation


Attorney Zhou is an attorney with the qualification of Patent Agent. Attorney Zhou has been deeply involved in intellectual property dispute resolution for more than 10 years, and is especially good at handling various patent litigation, technical secrets and other technical intellectual property disputes, and has extensive experience in patent applications, technology licensing and other intellectual property transactions.

Attorney Zhou has handled many important cases and projects for domestic and foreign clients, and handled many cases of patent infringement, patent invalidation, copyright infringement, trademark infringement, etc. Infringement cases mainly involve the protection of patented technologies for industrial products, including auto parts, mobile communications, sewing machinery and equipment, industrial automation parts and other fields. Based on the rich practical experience over the years, attorney Zhou can customize the protection strategy to maximize the benefits for the client from the perspective of the client, and can adjust the response strategy timely based on the progress of the case. One of the handled case was selected as one of the top ten cases of the China National Intellectual Property Administration. Attorney Zhou also has papers published in the "Intellectual Property Studies", Japan's "Intellectual Property Management" and the Japanese Patent Agents Association journal.

Melody Ye Attorney

Practice Areas:Intellectual Property Litigation


Melody Ye is a practicing attorney at GEN Law Firm and holds professional qualifications as a patent agent. Melody holds a dual degree in Science & Engineering and Law, along with a diverse educational background in both China and the United States. Melody specializes in intellectual property disputes in areas such as patents, trade secrets, and unfair competition, and has practical experience in technology licensing and other intellectual property transaction-related fields. 

Since joining GEN, Melody has been providing long-term service to domestic and international clients in fields such as agricultural technology, industrial manufacturing, and IT, etc. She has also assisted a multinational corporation in achieving victories in a series of patent infringement lawsuits.