## Facts

- Neoplan Bus GmbH (Neoplan), a German bus manufacturer, obtained a Chinese design patent covering the exterior design of its Starliner bus.
- Yancheng Zhongwei Bus and Coach Group (Zhongwei), a Chinese bus manufacturer, obtained a Chinese design patent for Zhongwei’s A9 bus.
- Zhongwei claimed the A9 design was created independently and not copied from Neoplan’s Starliner design.
- Neoplan alleged that the A9 and Starliner designs were the same in overall appearance, differing only in minor styling features.
- Neoplan filed a design-patent infringement lawsuit against Zhongwei in the Beijing First Intermediate People’s Court.
- The dispute focused on whether the visual differences identified by Zhongwei were enough to avoid infringement when the buses were compared as a whole.
- Neoplan sought injunctive relief and monetary compensation for Zhongwei’s alleged manufacture and sale of buses using the disputed design.

## Issues

1. Whether Zhongwei’s A9 bus design was sufficiently similar to Neoplan’s patented Starliner design that an ordinary consumer would find the two designs the same in overall visual impression, establishing design patent infringement.
2. Whether Zhongwei avoided infringement by pointing to minor styling differences between the A9 and the patented Starliner design.
3. Whether Zhongwei’s claim of independent creation and its own Chinese design patent for the A9 prevented a finding of infringement of Neoplan’s earlier design patent.

## Decision

- The court found in favor of Neoplan and held that Zhongwei’s A9 bus design infringed Neoplan’s Chinese design patent for the Starliner bus.
- The court determined that the two designs were effectively identical in their overall appearance and that the cited differences were minor and did not change the overall visual impression on an ordinary consumer.
- The court rejected Zhongwei’s position that asserted design independence and ownership of a separate design patent for the A9 insulated it from infringement of Neoplan’s patent.
- The court ordered Zhongwei to stop infringing conduct, including ceasing manufacture and sale of the infringing bus design.
- The court awarded monetary relief to Neoplan (including damages and litigation-related costs as reported in public summaries of the case).

## Legal Principles

- Design patent infringement is judged by comparing the patented design and the accused product based on the overall visual impression they create on an ordinary consumer, rather than by isolating small details.
- Minor stylistic variations that do not meaningfully affect the overall visual effect will not avoid infringement when the overall appearance remains the same.
- A defendant’s claim that it created the accused design independently does not defeat infringement if the accused design is substantially the same in overall appearance as the patented design.
- Possession of a separate design patent for the accused product does not, by itself, bar liability for infringing an earlier design patent.

## Conclusion

The Beijing First Intermediate People’s Court ruled that Zhongwei’s A9 bus infringed Neoplan’s Chinese design patent for the Starliner because the two designs were the same in overall visual appearance, and Zhongwei’s minor styling changes did not alter the overall visual impression to an ordinary consumer. The court granted relief to Neoplan, including an order to stop infringement and an award of monetary compensation, and it did not treat Zhongwei’s claimed independent design work or its own design patent for the A9 as a defense to infringement.


Neoplan Bus GmbH v. Zhongwei Bus and Coach Group, File No. N090103 (2009)