News & Insights
Cross-border IP, product liability, vape compliance, and Section 337 — lessons drawn from real matters. The full archive (including Chinese-language articles) is on the Chinese site.
Legal Insights
Issued September 7, 2026, the Opinion runs five parts and 24 articles — the first set of AI adjudication rules from China's highest court. Two of the most contested questions were deliberately left open.
![Full Text: China Supreme People's Court Opinion on Adjudicating Disputes Involving Artificial Intelligence (Fa Fa [2026] No. 10)](/_next/image?url=%2Fimages%2Farticles%2Farticle-83.jpg&w=3840&q=75&dpl=dpl_FGDp8RC29vjm1xwgrhVCbQ4HHJUx)
Legal Insights
An unofficial English translation of the Supreme People's Court Opinion issued September 7, 2026 — five parts, 24 articles, the first set of AI adjudication rules from China's highest court.
Legal Insights
On May 29, 2026, the Seventh Circuit held that serving process by email alone on a defendant located in China does not satisfy the Hague Service Convention — with real consequences for sellers already subject to default judgments.
Legal Insights
Section 15(b) of the Consumer Product Safety Act requires immediate reporting once a seller has information that reasonably supports certain conclusions — a low threshold, a 24-hour clock, and, under Seventh Circuit authority, a duty that continues until discharged.
Legal Insights
Youth tobacco use hit a record low — but Chinese-manufactured brands took the top four places among youth e-cigarette users, with one holding more than 60%. That official data now gives the FDA a targeting basis.
Legal Insights
A proposed rule would close a decade-old gap: today only domestic manufacturers must register with the FDA. Once finalized, product from an unregistered foreign establishment would be misbranded — and refusable at the border.
Case Highlights
After a competitor's design patent complaints removed the client's listings on Amazon and TEMU, LawMay obtained both a TRO and a preliminary injunction in the Western District of Washington and drove the matter to settlement.
Case Highlights
On May 20, 2026, the Southern District of Florida ordered an intellectual property owner to pay attorney's fees to ten cross-border e-commerce sellers represented by LawMay, granting the full 8.6 hours claimed.
Case Highlights
On June 16, 2026, the Western District of Pennsylvania denied the plaintiff's preliminary injunction motion and dissolved the TRO freezing five clients' account assets, finding the plaintiff's evidence "essentially a nullity vis-à-vis evidentiary value."
Case Highlights
Representing an Amazon cross-border seller in a Schedule A trademark action in the Northern District of Illinois, LawMay pursued a parallel defense-and-negotiation strategy that produced a settlement, the release of frozen accounts, and dismissal with prejudice.
Case Highlights
Settlement and payment did not restore the client's listings. LawMay filed a motion to enforce the settlement, compelling the plaintiff to correct its dismissal to one with prejudice and to secure the release of the specific ASIN restrictions.
Case Highlights
A non-infringement appeal built on the physical impossibility of infringement — supported by circuit schematics, the official manual, and operational video — restored more than one hundred affected ASINs for a color-changing lighting seller.
Firm News
At the fourteenth Shenzhen University Law School alumni salon, Claire Wu and Peter Li addressed IP risk before, during, and after a dispute — from pre-launch clearance to TRO response and post-default relief.
Case Highlights
Four days after the TRO application, the court ordered the patent owner to withdraw its Amazon complaints within 24 hours; the same motion was converted to a PI application and granted 17 days later, without security.
Case Highlights
Engaged three days before the hearing, LawMay completed a prior-action investigation, claim analysis, prior art search, and written opposition — and the court denied the plaintiff's injunction requests in full from the bench.
Legal Insights
The First Circuit held the government had not shown a strong likelihood of success on appeal. The question at this stage is not whether the charge is sound policy, but whether Congress authorized it.
Case Highlights
A declaratory judgment action does not by itself restore a listing. This note examines, from counsel's perspective, the proof problem at the heart of the reverse TRO — and the validity-infringement dilemma that made relief possible in Yiwu Jieya v. Xu.
Legal Insights
A 60-day notice is not a finding of violation — but it is not an ordinary letter either. Drawing on a PFAS class action the author defended, this note examines what a "160 ppb" figure actually has to establish.
Firm News
Effective June 1, 2026, applying to every attorney and staff member. The policy sets what work may use AI, which tools are permitted, who verifies the output, and what happens when something goes wrong.
Firm News
At the third Guangdong-Hong Kong-Macao Greater Bay Area Law and Technology Symposium, Claire Wu presented on the boundaries and rules governing AI tools in legal services.
Legal Insights
On June 8, 2026, a federal court vacated the $100,000 H-1B payment policy issued in September of last year — holding that a charge on lawful conduct is in substance a tax, and that the taxing power belongs to Congress.
Case Highlights
Settlement demands in platform IP litigation are rarely fixed numbers. This matter sets out the ROI model LawMay uses to shift a plaintiff's assessment of expected recovery, continued cost, and uncertainty — and the result it produced.
Legal Insights
Beyond the mutual claims, the through-line is the safe harbor: courts are increasingly finding that a platform exercising substantive control over pricing, fulfillment, and supply loses the intermediary shield.
Firm News
Partners Hongchang Deng and Claire Wu visited China Commercial & Hastings Law Firm to discuss cross-border IP protection, U.S. product liability, and coordination of international resources.
Legal Insights
Lawful sale turns on whether a product holds a Marketing Granted Order — not on whether a PMTA was filed, and not on whether an MDO was received. This report explains why, and dismantles two industry misconceptions.
Legal Insights
On May 5 and May 8, 2026, the FDA issued two decisions with major consequences for the vape industry — an opening and a tightening released simultaneously.
Legal Insights
AI voice cases are rarely litigated as copyright. They are litigated as right of publicity — because what is taken is not a fixed recording but an identifiable voice identity.
Legal Insights
U.S. federal courts are handling a new category of litigation failure — AI-drafted filings submitted without verification, citing cases that do not exist. Courts have moved from treating this as negligence to misrepresentation, and to bad faith.
Legal Insights
Thirty-one AI conversation logs became evidence. Judge Rakoff held they were protected by neither attorney-client privilege nor the work product doctrine — and explained why.
Legal Insights
Liability was established; damages were not. Applying § 504(b), the Southern District of Florida rejected the plaintiff's entire damages claim for want of credible, non-speculative evidence linking infringement to profits.
Firm News
Nearly a hundred U.S. matters in the past year. The session covered case management workflow, cross-border communication security, USPTO specimen authenticity, Bluebook citation discipline, and the firm's AI use policy.
Legal Insights
UL has continued to enforce against unauthorized use of its mark in the United States, and Amazon sellers are within scope. Testing to a UL standard and holding UL certification are two different things.
Legal Insights
In multi-defendant actions, the pressure on a seller often comes from the procedural structure rather than the merits. A Rule 21 motion to drop or sever changes the plaintiff's cost calculation — whether or not the court ultimately grants it.
Legal Insights
A default judgment in a prior opposition is a final judgment on the merits for preclusion purposes. This note sets out the TTAB's framework — and where an applicant refiling the same mark does, and does not, remain free to proceed.
Legal Insights
A TRO froze dozens of sellers' accounts in a vanity-table design patent sweep. Eight engaged LawMay; two days later the motion to dissolve was filed, and two days after that the plaintiff dismissed.
Legal Insights
Both provide limited liability. They differ sharply on taxation, governance cost, financing, and exit — and for a Chinese parent, the LLC's default pass-through treatment carries withholding and filing consequences that surprise many.
Case Highlights
After a competitor escalated a campaign of platform IP complaints into federal litigation, LawMay moved affirmatively for reverse injunctive relief, and the District of Delaware dismissed the plaintiff's complaint.
Legal Insights
Converting solid lines to broken lines in a continuation is a powerful but high-risk strategy. Its legality turns on whether the parent application shows the inventor possessed the broader design — and Owens sets a strict limit.
Legal Insights
Does an oral promise to transfer copyright count? U.S. courts say no. Under § 204(a), a transfer is invalid without a signed writing — and that is why the plaintiff's claims failed.
Legal Insights
The ITC has instituted an investigation into disposable and other closed-system ENDS devices. Notably, this is not a patent case — the scope of the instituted investigation rests on PACT Act violations.
Legal Insights
Three days after the Commission held every asserted claim invalid, Reynolds filed a notice of appeal to the Federal Circuit seeking review of all adverse determinations. Whether the GEO threat revives now turns on that appeal.
Case Highlights
Seven days after being engaged in a Schedule A design patent action in the Western District of Pennsylvania, LawMay served a motion to dissolve the TRO — and the plaintiff voluntarily dismissed.
Case Highlights
In March 2026 LawMay handled four intellectual property matters across four states — platform complaints, federal actions, TRO freezes, evidentiary disputes, and a domain takedown. Each resolved by dismissal or denial within a short cycle, with listings restored.
Firm News
At a cross-border cooperation salon in Shenzhen, Claire Wu walked more than twenty companies through China's ODI filing regime — who must file, how, and what happens when they do not.
Case Highlights
After five months of compressed litigation and 211 docket entries, the court ruled from the bench on the first day of trial that the ten defendants represented by LawMay owed no damages at all.
Legal Insights
On March 10, 2026, the Commission reversed the ALJ and held every asserted claim — including claims 4 and 12, previously found valid and infringed — invalid as obvious. The investigation terminated with no violation and no GEO.
Case Highlights
Engaged over the Lunar New Year holiday with the client's account already frozen under an ex parte TRO, LawMay completed a claim-by-claim non-infringement analysis and served its motion — and the plaintiff dismissed within hours.
Legal Insights
Platform appeals cannot decide whether a patent is valid. A declaratory judgment action moves that question to a federal court — and, paired with a TRO, can restore listings before judgment.
Legal Insights
How long a U.S. IP case actually takes, what it costs, why most cases never reach judgment, what discovery means for a seller, and why U.S. federal courts have no docketing review.
Legal Insights
Four recurring misconceptions about U.S. federal procedure — TRO timing, whether a preliminary injunction can be narrowed, whether a "summary procedure" exists, and what "mandatory mediation" actually compels.
Case Highlights
A declaratory judgment action brought on behalf of an Amazon cross-border seller whose listings had been removed on an unfounded patent complaint concluded in settlement in the Western District of Washington after eight months of litigation.
Case Highlights
With a default judgment already entered and the client's funds transferred to the plaintiff, LawMay pursued post-judgment motions and negotiation in parallel, recovering over one hundred thousand dollars before the client's year-end settlement cycle.
Legal Insights
A full-day FDA roundtable on ENDS PMTA submissions for smaller companies. Most rejections, the FDA said, are not about data volume — they are about data quality, broken chains of reasoning, and misreading the requirements.
Legal Insights
Prop 65 applies wherever your entity sits — once product enters California, the warning duty attaches. Most enforcement comes from private bounty-hunter plaintiffs, not the government.
Legal Insights
A test report shows a product meets a technical standard. It does not grant any right to use the UL mark. The two are separate compliance systems, and conflating them is what produces these disputes.
Legal Insights
Plaintiffs are no longer suing under data privacy statutes. They are using CIPA — a 1967 wiretapping law — to characterize tracking code as an unlawful interception device.
Legal Insights
Unlike the H-1B lottery or the O-1's credential threshold, the L-1 is a management privilege U.S. immigration law grants multinational enterprises — and the practical route from L-1A to EB-1C.
Firm News
We opened this publication to record what we learn on the front line of U.S. courts — the trade-offs made under time and budget pressure, and two questions we intend to keep testing across a career.
Legal Insights
The ALJ found infringement of claims 4 and 12 and recommended a general exclusion order with a 136% bond. In January 2026 the Commission determined to review in part, focusing on validity and the domestic industry requirement.
Legal Insights
In August 2025 the USPTO terminated tens of thousands of applications and registrations in a sanctions sweep. For many Chinese outbound companies this was not a sudden event but a long-deferred reckoning with how their marks were filed.
Firm News
LawMay treats the sustainability of professional capability as a long-term objective. In a high-intensity federal practice, team performance should rest on a stable capability structure rather than on any individual's experience or form on a given day.
Legal Insights
Judge Blakey dismissed with prejudice after finding the plaintiff had repeatedly trimmed defendants and refiled until a case landed before a judge it believed friendlier to its joinder theory.
Case Highlights
Recently, Attorney Deng’s team successfully represented a client in a Schedule A trademark infringement case filed by a renowned American apparel brand against an Amazon seller. At the critical moment when the client was facing the risk of
Case Highlights
Case Summary • Case Number: Confidential • Jurisdiction: State of Florida, USA • Case Type: Patent InfringementRecently, Attorney Deng and his team represented a U.S. patent infringement dispute case. The plaintiff in this case filed a laws
Case Highlights
Recently, a client’s product listed for sale on Amazon US was removed from the platform on the grounds of alleged infringement of an invention patent owned by a world-renowned consumer brand. The client immediately contacted Attorney Deng, e
Case Highlights
Recently, Attorney Deng's Team successfully represented the patentee in issuing a legal demand letter and filing a complaint in connection with a patent infringement incident involving a cross-border e-commerce platform. This prompted Amazo
Case Highlights
Case OverviewLawMay recently secured a favorable settlement in a product liability lawsuit filed in the U.S. District Court for the Western District of Michigan, representing an Amazon seller against substantial defect allegations.The Chall
Case Highlights
Several months ago, a client’s trademark portfolio suffered a crisis due to attorney-related issues. Among them, the registration process of a key associated trademark in the United States hit a major snag. The United States Patent and Trad
Case Highlights
LawMay recently achieved a significant milestone in a high-stakes intellectual property dispute involving an Amazon seller targeted by malicious patent infringement claims. In a declaratory judgment action filed in the U.S. District Court f
Case Highlights
Case OverviewLawMay recently achieved a swift and significant legal victory on behalf of a Chinese cross-border e-commerce seller whose Amazon listings were wrongfully removed following a patent infringement complaint. In the U.S. District
Case Highlights
Recently, Attorney Deng’s team represented a client in a Schedule A invention patent infringement lawsuit before the United States District Court for the Northern District of Illinois, successfully securing a ruling of dismissal with no lia
Case Highlights
Recently, our team successfully represented a well-known e-cigarette brand in a fully concluded patent rights protection case. Every step—from evidence collection in the preliminary stage to the initiation and conclusion of the adjudication
Case Highlights
Recently, the United States District Court for the Northern District of Texas officially recognized a cross-border trade arbitration award rendered by the Shenzhen Court of International Arbitration (SCIA). The legal team led by Attorney De
Case Highlights
Recently, LawMay achieved a significant victory on behalf of a client in an invalidation proceeding before the United Kingdom Intellectual Property Office (UKIPO). The trademark in question, registered in Class 25 covering sportswear, yoga
Case Highlights
Recently, LawMay achieved a significant victory in a copyright infringement lawsuit involving a U.S.-based Amazon store, resulting in a complete dismissal of the case with zero settlement payment. The lawsuit was filed in the U.S. District
Legal Insights
Facing a sudden product takedown or account freeze before the crucial Black Friday sales period? You are not alone. LawMay has recently secured multiple “Reverse TROs” for Amazon sellers, forcing the immediate restoration of listings in fed
Firm News
Cross-border intellectual property litigation has become one of the most dynamic and challenging practice areas in the international legal market for both U.S. and Chinese lawyers.In this field, collaboration between American and Chinese at
Legal Insights
“Why am I accused of infringement just for using an image?”“Other sellers are offering the same product—why suspend only me?”“Amazon says I violated its policy, but my lawyer says it’s not illegal. Who’s right?” These are some of the most c
Legal Insights
Amazon is one of the largest e-commerce platforms in the world. Behind its complex operational ecosystem lies a wide array of legal risks. For cross-border sellers, these risks involve not only the U.S. legal system but also Amazon’s own pl
Legal Insights
For many Amazon sellers, the most terrifying thing is not the complaint itself, but the sudden takedown notification without any warning. A product may have steady sales and good reviews, yet one day it's abruptly removed, the listing disap
Legal Insights
Have you experienced this?Your product was selling well when suddenly, without warning, Amazon sent a notice:“Your product has been removed due to a suspected intellectual property rights violation.”The listing disappears. Traffic drops to
Case Highlights
Several months ago, a client’s trademark portfolio suffered a major setback due to prior counsel’s mishandling. One critical trademark faced serious obstacles during its U.S. registration process, with the USPTO suspending examination for n
Case Highlights
In a recent victory for a China-based cross-border e-commerce seller, LawMay P.C. successfully obtained a Temporary Restraining Order (“TRO”) from the U.S. District Court for the Western District of Washington, compelling Amazon to reinstat
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