Representative Engagements

Pfizer, Sugen, Pharmacia and Upjohn Vs. Taizhou Shengxin, Beijing Chemical Book, regarding patent infringement of anti-tumor drug Sutent, (2011)YZMC5307
Roche Diagnostics Vs. the PRB and Li Caihui, appeal on patent invalidation decision and review by the Supreme Court, (2009)YZXC778, (2010)GXZ1288
Ajinomoto Vs. Changchun Dahe Biotech, a series of patent invalidation disputes and appeals
Eli Lily Vs. the PRB and Jiangsu Hengrui Pharmaceutical, appeal on patent invalidation decision, (2009)YZXC122, (2010)GXZ949
Wyeth Vs. the PRB, appeal on patent reexamination decision, (2010)YZZXC2251
AstraZeneca Vs. the PRB, appeal on patent reexamination decision, (2012)YZZXC497
Roche Vs. the PRB, appeal on patent reexamination decision, (2011)YZZXC247

Publications and Presentations

“Drafting Strategies: Get It Right First Time”, Managing Intellectual Property, China IP Focus 2012, 10th edition
“Theory and Practice Related to Patent Infringement Damages”, China Patents and Trademarks, No. 4, 2009
“What Can Be Learned from the Case of Viagra Patent Invalidation”, China Patents and Trademarks, No. 2, 2008
“How to Better Utilize Patent System for Chinese Biotech and Pharmaceutical Companies”, 2008, first prize in article solicitation for the twentieth anniversary of All China Patent Attorneys Association
“Improvement of Patent Compulsory License System”, 2007, legislative research project of the SIPO“Patent Licensing Practice”, Tsinghua University, Beijing, China, 2014
“Patent Infringement Litigation”, Ricoh Software Research Center, Beijing, China, 2014
“Protection Strategy and Common Defects in Biotech and Pharmaceutical Patents”, Peking University, Beijing, China, 2013
“Tips for Prosecution and Enforcement of Biotech Patents in China”, Japan-China Biotech IP Conference, Tokyo, Japan, 2011
“Special Aspects of Patent Prosecution in China”, China IP Counsel Forum, Shanghai, China, 2011
“Patenting Strategy of Biotech Inventions for Chinese Applicants”, Japan-China Biotech IP Conference, Beijing, China, 2010
“Revisions of Chinese Patent Law, Regulations and Guidelines”, Philips, Eindhoven, the Netherlands, 2010
“Revisions of Chinese Patent Law and Tips for Patent Enforcement in China”, Baden, Switzerland, 2010
“Tips for Patent Drafting in Chemical Engineering Field”, SINOPEC US-China IP Conference, Beijing, China, 2010
“Important Issues in Patent Prosecution to be Noted by Chinese Applicants”, The First Chinese Medicine Research Management Forum, Beijing, China, 2008

Education

1995 - 1999 Tsinghua University, B.S. in Biology
1999 - 2002 Tsinghua University, M.S. in Biophysics

Qualifications

2004, qualified as a patent attorney with a score of 316, ranking 1st nationwide
2007, qualified as an attorney-at-law
Qualified litigator in patent cases admitted by the Supreme Court of China

Practices

Mr. Daniel Miao Cheng is an experienced Chinese patent attorney and has been practicing Chinese law for 16 years.

Mr. Daniel Miao Cheng’s practice area includes patent infringement litigation, patent administrative litigation, patent invalidation, patent drafting and prosecution, licensing and transaction, FTO, due diligence, and legal opinions; trademark prosecution, opposition, invalidation and licensing. He represented before Chinese courts Pfizer, Roche, Eli Lilly, AstraZeneca, Novo Nordisk, Bayer, Merck, Wyeth, DuPont, L’Oreal, Ajinomoto and other famous multinational companies in patent litigation. He represented Chinese applicants including SINOPEC, Tsinghua University and Peking University in patent drafting and prosecution in over 20 countries and regions including United States, Europe, Japan, Australia, Canada, Israel, Korea, Russia, Brazil, Mexico, Singapore, New Zealand and South Africa.

He counsels Tsinghua University and Peking University in respect of patent prosecution, licensing and transaction for many years. He was invited frequently to expert conferences organized by the SIPO and the Courts in regards to patent legislation and litigation. Invited speeches include topics on patent enforcement, prosecution and licensing, especially in relation to biotech and pharmaceuticals. He won the title of “Best 10 IP Litigators in China” in 2014. He was engaged as an advisor to the Advisory Committee of Intellectual Property Cases Research (Beijing) Foundation of Chinese Supreme Court since 2016, and was responsible for the research and review of representative cases in the field of patent litigation.

Industries

Biotech, genetics, diagnostics, vaccine, antibody, cancer immunotherapy, microbial fermentation, pharmaceuticals, medical device

Recognition

荣誉资质

Languages

Chinese (native) and English

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