3 Questions For A Tech Bro Turned Chinese Patent Enforcer (Part I)

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.