Shenzhen ZhenXX Medical Technology Co., Ltd. was established in January 2018. It is a high-tech company co-founded by three entrepreneurs returning from overseas, Yu, Wang, and Hu, aiming to promote the research and development and trans-formation of mRNA technology in the field of biomedicine. In September 2019, Hu founded Shenzhen RuiXX Biotechnology Co., Ltd. The invention patent entitled “A mRNA based Osteoar-thritis Drug Preparation and Its Preparation Method and Application” was applied by Shenzhen RuiXX Biotechnology Co., Ltd. in June 2021 and was granted in October 2021.Shenzhen ZhenXX Medical Technology Co., Ltd. filed a lawsuit  claiming that the patent in question was a service invention completed by Hu during his tenure at the company. Shenzhen RuiXX Biotechnology Co., Ltd.’s application for the patent in question damaged the legitimate rights and interests of Shenzhen ZhenXX Medical Technology Co., Ltd. and requested a judgment to confirm that the patent right in question belongs to Shenzhen ZhenXX Medical Technology Co., Ltd. The court of first instance ruled to dismiss the lawsuit filed by Shenzhen ZhenXX Medical Technology Co., Ltd. Shenzhen Zhen Medical Technology Co., Ltd. filed an appeal.

[Judgment Result]

The Supreme People’s Court held in the second instance that this case involved a number of researcher returnees, a number of enterprises and institutions, and cutting-edge technologies in the field of biomedicine. Combined with the important position of mRNA technology in the field of medicine, and the fact that the three researchers had worked closely together, returned to China to start a business together, and made important contributions to the research and development of innovative drugs involving mRNA technology, it determined the trial ideas of “mediation first” and “untie the knot of emotions first, then the knot of law”.Through field investigations, circuit trials, and active mediation work, the parties were encouraged to sign a package settlement agreement on this case and other related lawsuits, which resolved the contradictions and series of disputes between the two parties for more than two years, and promoted the two parties to work together to return to cooperation on the cutting-edge track in the field of biomedicine, achieving win-win, multi-win, and win-win results.

[Typical Significance]

The case was heard in public on “National Constitution Day” by a five-member panel headed by Tao Kaiyuan, Vice President of the Supreme People’s Court and Second-Level Justice, and was reported by nearly 40 media outlets. The mRNA technology involved in this case is a key common technology and cutting-edge high-tech in the field of biomedicine, and is a typical representative of new quality productivity. The substantive resolution of this case and related litigation disputes further released the clear orientation of the people’s courts to encourage innovation, promote integrity, respect science, and respect talents, which is conducive to scientific researchers’ courage to innovate and start businesses with peace of mind, better stimulate the innovation and creativity of the whole society, and promote the integrated development of scientific and technological innovation and industrial innovation.

最高人民法院（2023）最高法知民终871号