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3 Questions For A Tech Bro Turned Chinese Patent Enforcer (Part I) – Above the Law

I
am
back
with
another
interview
in
my
series
exploring
IP
litigants’
experiences.
Last
time,
I
featured
a
former
Division
I
golfer
turned
business
owner
caught
in
a
trademark
dispute.
Now,
I
turn
to
another
entrepreneur
and
IP
owner
with
a
different
story.
This
time,
our
interviewee
isn’t
battling
in
the
typical
patent
venues
of
Texas
or
Delaware,
but
rather
in
China.
The
Shanghai
Patent
Court
recently
ruled
in
Newman
Infinite’s
favor
on
10
of
14
points
in
their
patent
infringement
case
against
Microsoft.

Matthew
Allan
Newman,
founder
and
CEO
of
Newman
Infinite,
informs
us
his
legal
team
is
preparing
an
appeal
to
the
Supreme
People’s
Court
of
China,
while
simultaneously
awaiting
the
Chinese
Intellectual
Property
Authority’s
ruling
on
Microsoft’s
patent
invalidation
attempt.
His
experience
reminds
us
that
foreigners
can
indeed
achieve
successful
outcomes
in
China’s
IP
system

particularly
when
asserting
patents
with
technical
merit.
We’re
excited
to
share
this
American-born
technologist’s
journey
as
a
Chinese
patent
litigant
with
our
audience.

To
start,
some
biographical
information
about
our
interviewee
and
his
company,
as
they
provided
it:


Matthew
Allan
Newman,
born
on
September
10,
1981,
in
Tarzana,
California,
is
a
pioneering
technologist,
entrepreneur,
and
philanthropist.
He
is
the
inventor
of
precision
touchscreen
technology
used
globally
and
the
founder
and
CEO
of
Limitless
Group
International
Corporation,
a
Los
Angeles-based
technology
company
established
in
2021.
Through
Limitless
Group
International
Corporation
and
its
philanthropic
arm,
the
Limitless
Impact
Foundation,
Newman
focuses
on
sustainable
development
and
improving
public
education,
healthcare,
and
the
arts
in
underserved
communities.
He
advocates
for
a
new
model
of
philanthropy
that
integrates
profit
with
purpose
to
promote
social
equity.


In
2018,
after
years
of
personally
handling
the
complex
legal
work,
Newman
was
granted
his
first
patent
by
the
Chinese
Patent
Authority
for
Clutch
and
Boom
technology
(Patent
ID
CN
104115107B).


Newman
exhibited
extraordinary
technical
aptitude
from
an
early
age,
mastering
BASIC
programming
at
five
and
building
his
first
enterprise
computer
network
at
seven
under
the
mentorship
of
his
uncle,
a
satellite
trajectory
software
engineer.
Growing
up
in
Scottsdale,
Arizona,
and
Marin
County,
California,
he
combined
technical
skills
with
entrepreneurial
ventures,
including
a
highly
profitable
lemonade
stand
business
at
age
seven.


By
age
thirteen,
Newman
had
mastered
Java
programming
and
launched
one
of
the
first
few
hundred
publicly
accessible
websites
on
the
Internet.
While
still
in
high
school,
he
founded
Academic
Computer
Electronics
(A.C.E.
COMP),
which
became
a
respected
custom
computer
manufacturer
and
Digital
Equipment
Company
(D.E.C.)
value-added
reseller
in
Northern
California,
grossing
over
$3
million
before
his
graduation.


Newman
attended
the
Marshall
School
of
Business
at
the
University
of
Southern
California,
graduating
in
2006
with
a
concentration
in
International
Corporate
Finance
Law
and
Corporate
Financial
Strategies.
In
2004,
he
began
developing
software
platforms
that
would
eventually
contribute
to
fields
including
generative
AI,
modern
blockchain,
and
intelligent
graphics
software.

Quite
a
background,
and
it
is
no
surprise
that
Matt’s
IP
successes
in
China
are
built
on
such
a
strong
technical
foundation.
As
usual,
I
have
added
some
brief
commentary
to
Matt’s
answer
to
my
first
question
below
but
have
otherwise
presented
his
answer
as
he
provided
it.


Gaston
Kroub:

What
has
been
most
surprising
to
you
about
the
IP
litigation
process
in
China?


Matthew
Allan
Newman:

What
has
surprised
me
most
is
the
high
level
of
technological
skill
demonstrated
by
the
court
and
its
internal
technical
experts.
I
didn’t
expect
them
to
pursue
the
truth
so
relentlessly
when
studying
my
patent
infringement
contentions
and
the
technology
embodied
in
my
patent.
Additionally,
I’ve
been
unexpectedly
impressed
by
the
seamless
cooperation
between
the
Shanghai
and
Beijing
offices
of
the
CNIPA

The
China
National
Intellectual
Property
Administration,
the
Shanghai
patent
trial
court,
and
the
intermediate
and
Supreme
appeals
courts.
It
has
been
surprisingly
efficient
to
witness
how
these
entities
resolve
disputes,
issues,
and
appeals
both
substantively
and
quickly,
especially
considering
the
large
number
of
cases
they
manage.

Another
surprise,
despite
the
many
delays
caused
by
the
COVID
epidemic,
has
been
how
these
Chinese
IP
and
judicial
organizations
have
shown
extraordinary
concern
for
me,
my
company,
and
my
shareholders

prioritizing
truth
and
justice
while
pushing
forward
this
patent
infringement
case.


GK
:
For
those
skeptical
about
the
professionalism
and
efficiency
of
the
Chinese
IP
system,
Matt’s
response
provides
an
important
rejoinder.
It
has
been
some
time
since
I
had
a
matter
in
front
of
the
Chinese
patent
office
and
the
patent
trial
court
in
Beijing,
but
I
do
recall
that
when
procedures
were
correctly
followed,
timely
decisions
and
efficient
movement
of
the
case
through
the
various
deadlines
occurred.
Given
the
importance
of
this
case
to
Matt’s
company,
it
is
heartening
to
see
his
confidence
that
the
merits
of
his
Chinese
patent
are
being
adjudicated
fairly
and
efficiently

even
in
the
face
of
a
dogged
opponent
with
the
resources
to
challenge
his
IP
at
every
turn.

Thanks
to
Matt
for
sharing
his
biography
and
experiences
navigating
the
Chinese
IP
landscape.
I
will
continue
with
Matt’s
answers
to
questions
2
and
3
next
week.

Please
feel
free
to
send
comments
or
questions
to
me
at

[email protected]

or
via
Twitter:

@gkroub
.
Any
topic
suggestions
or
thoughts
are
most
welcome.




Gaston
Kroub
lives
in
Brooklyn
and
is
a
founding
partner
of




Kroub,
Silbersher
&
Kolmykov
PLLC
,
an
intellectual
property
litigation
boutique,
and 
Markman
Advisors
LLC
,
a
leading
consultancy
on
patent
issues
for
the
investment
community.
Gaston’s
practice
focuses
on
intellectual
property
litigation
and
related
counseling,
with
a
strong
focus
on
patent
matters.
You
can
reach
him
at 
[email protected] or
follow
him
on
Twitter: 
@gkroub.