Mindray loses in decade-long patent dispute against rival Comen

After a decade of fierce legal battles, Mindray has suffered a significant defeat against its emerging rival, Comen.

In late August, the China National Intellectual Property Administration (CNIPA) declared Mindray's utility model patent for the "Flow Sensor and Flow Sensor Assembly" (ZL200720170903.X) completely invalid due to a lack of inventiveness. This patent involves critical flow sensor components used in various products, such as anesthesia machines and ventilators.

The dispute between the two medical makers dates back to April 2014 when Mindray sued Comen for patent infringement in the Shenzhen Intermediate People’s Court, requesting to freeze Comen's bank accounts by using its factory as collateral.

However, Comen did not back down. Instead, it launched a counteroffensive by requesting the CNIPA to invalidate Mindray's patent.

In February 2015, the CNIPA partially invalidated the patent. Based on this decision, the Shenzhen Intermediate People's Court ruled in August 2015 that Comen had infringed on the disputed patent.

Comen then appealed to the Guangdong High Court and filed for another invalidation of Mindray's patent with the CNIPA.

This marathon legal battle ultimately has seen the patent undergo seven invalidation challenges at the CNIPA, with four decisions issued. It has also been declared entirely invalid twice.

The latest decision by the CNIPA secures a temporary victory for Comen, although Mindray may still appeal.

Mindray has a history of litigating against Comen, achieving several victories. In September 2023, the Supreme People’s Court ordered Comen to cease manufacturing and selling seven products that infringed on Mindray's "Portable Vital Signs Monitor" patent, awarding Mindray 5 million RMB in damages.

Mindray has also sued other competitors to maintain its industry position.

Despite its dominance in monitoring equipment, ventilators, anesthesia machines, and defibrillators, Mindray is facing aggressive advances from newcomers like Comen, leading to a shrinking market share.

In 2023, Mindray led the domestic defibrillator market with a 48.77% share, while Comen and Anbao held 15.03% and 7.28%, respectively. By the first half of 2024, Mindray's share had fallen to 40.86%, with Comen and Anbao reaching 26.66% and 10.32%, respectively.

Defibrillators are just one example. In the ventilator market, Mindray led the first half of the year with a 35.19% share, but Comen had already reached 14.86%. This fierce competition will inevitably continue to spill over into patent disputes.