为充分发挥典型案例的引领、示范、指导作用，鞭策每位律师不断践行办案精细化，近日，利群所开展了十大优秀案例评选活动。评选经过申报、推荐以及评选委员会的层层筛选，最终利群所2019年度十大优秀案例新鲜出炉。

2019年度十大优秀案例（排名不分先后）

01

刘某辉假冒注册商标案

报送律师：王新平、王 莹

亮点：无罪辩护成功，检察院以证据不足为由申请撤回起诉，法院裁定准许撤诉。

02

郑某涉嫌容留他人吸毒、贩卖毒品案

报送律师：黄道进、潘 婵、张罗晗

亮点：聚焦争议，排除干扰，有效辩护，检察院对郑某贩毒决定不起诉。

03

王某某非法制造买卖运输爆炸物、传授犯罪方法案

报送律师：张 梁

亮点：一审认定“情节严重”，二审法院采纳律师辩护意见，不认定为“情节严重”，予以改判。

04

大浪淘沙电梯员李某（女）协助组织卖淫案

报送律师：陈俊伟

亮点：一审判处李某有期徒刑2年7个月，并处罚金1万元。二审采纳律师辩护意见，撤销一审量刑部分，对李某改判缓刑。

05

洪某等三人诉潘某合伙协议纠纷案

报送律师：蔡辉强、顾奇誌

亮点：二审法院采纳了代理律师的观点，判决撤销上诉人潘某向被上诉人洪某等人归还38万元的一审判决，并驳回被上诉人的一审诉讼请求。

06

周某聪、吴某屏诉吴某明等民间借贷纠纷案

报送律师：王新平、郑晓丹

亮点：吴某明原系被告骆某辉配偶，一审法院以家庭企业借款、夫妻共同债务为由判决吴某明对骆某辉的554万元借款承担连带责任。律师代理二审诉讼，经充分释法说理，二审裁定发回重审。一审法院判决驳回原告对吴某明的诉讼请求，二审维持原判。07

某县老年公寓与某县人民政府土地行政赔偿再审案

报送律师：林 统

亮点：最高法院采纳律师再审申请观点，指令浙江高院再审。在行政赔偿领域被最高院裁定再审，实属罕见，本案同时明确了行政不作为下赔偿范围的裁判标准。08

黄某外观设计专利无效案

报送律师：毛灵见、江 宁

亮点：国家知识产局专利复审委员会维持涉案外观设计专利权有效，后经北京知识产权法院审理，判决撤销了复审委作出的第32031号无效宣告请求审查决定。09

台州某公司侵害实用新型专利权案

报送律师：毛灵见、蒋 圳

亮点：普通技术人员仅通过阅读权利要求即可直接、明确的确定实现上述功能或者效果的具体实施方式的技术特征不属于功能性特征，同样可以排除适用功能性技术特征的解释和适用规则。10

非营利性民营医院—温岭呼吸病医院破产重整案

报送律师：金 伟、蔡婉瑛

亮点：结案速度快、重整计划草案通过率高、清偿率高。温岭呼吸病医院系浙江省唯一一家呼吸病专科的医院，亦是一家民营非营利性医院，通过重整不仅开创了省内民营非营利性呼吸病专科医院重整的先例，更是保住了民营非营利医院的核心价值，避免了民政国有资产的流失，并为今后该类型法人的破产重整提供了思路。

近年来，利群所对案例评选高度重视，更是将十大优秀案例评选作为年终总结的保留项目。十大优秀案例评选不仅是对辛勤耕耘一年的律师们的一种表彰，也希望利群律师能够以此次评选活动为契机，不断探索、不断提高，为客户带来更加优质、专业、精细化的法律服务！本次评选结果将在1月11日的“融汇创新 共绘精彩”利群所2019年会上进行表彰。

In order to fully leverage the leading, demonstrating, and guiding role of typical cases, and encourage every lawyer to continuously practice the refinement of case handling, Liqun Institute has recently launched a selection activity for the top ten outstanding cases. After application, recommendation, and layer by layer selection by the selection committee, the top ten outstanding cases of Liqun Institute in 2019 were finally released.

Top 10 Excellent Cases of 2019 (Ranked in No Different Order)

01

Liu Mouhui Counterfeiting Registered Trademark Case

Submitted to lawyers: Wang Xinping, Wang Ying

Highlight: The defense of innocence was successful, and the prosecutor's office applied for the withdrawal of the prosecution on the grounds of insufficient evidence. The court ruled to allow the withdrawal of the prosecution.

02

Zheng is suspected of harboring others for drug use and trafficking

Reporting lawyers: Huang Daojin, Pan Chan, Zhang Luohan

Highlights: Focusing on disputes, eliminating interference, effectively defending, and the prosecutor's office's decision not to prosecute Zheng for drug trafficking.

03

Case of Wang illegally manufacturing, buying, selling, transporting explosives, and imparting criminal methods

Submitted to Lawyer: Zhang Liang

Highlight: In the first instance, it was determined that the circumstances were serious, but in the second instance, the court adopted the lawyer's defense opinion and did not recognize it as serious, and therefore revised the judgment.

04

Li (female), an elevator attendant from Da Lang Taosha, assists in organizing a prostitution case

Submitted to Lawyer: Chen Junwei

Highlight: Li was sentenced to 2 years and 7 months in prison and fined 10000 yuan in the first instance. The second instance adopted the lawyer's defense opinion, revoked the sentencing part of the first instance, and sentenced Li to a suspended sentence.

05

Hong and Three Others v. Pan in Dispute over Partnership Agreement

Reporting lawyers: Cai Huiqiang, Gu Qizhi

Highlight: The second instance court adopted the viewpoint of the acting lawyer and ruled to revoke the first instance judgment of the appellant Pan returning 380000 yuan to the appellant Hong and others, and rejected the appellant's first instance lawsuit request.

06

Zhou Moucong and Wu Mouping v. Wu Mouming and Other Private Loan Disputes

Reporting lawyers: Wang Xinping, Zheng Xiaodan

Highlight: Wu Mouming was originally the spouse of the defendant Luo Mouhui. The first instance court ruled that Wu Mouming was jointly and severally liable for Luo Mouhui's 5.54 million yuan loan on the grounds of family enterprise loans and joint debts between the couple. The lawyer represented the second instance lawsuit, and after fully interpreting the law and reasoning, the second instance ruling was remanded for retrial. The first instance court ruled to reject the plaintiff's lawsuit against Wu Mouming, and the second instance upheld the original judgment. 

07

Reexamination of Land Administrative Compensation between Elderly Apartments in a County and the People's Government of a County

Submitted to Lawyer: Lin Tong

Highlight: The Supreme Court has adopted the lawyer's retrial application viewpoint and instructed the Zhejiang High Court to conduct a retrial. It is rare for the highest court to rule for retrial in the field of administrative compensation. This case also clarifies the criteria for determining the scope of compensation under administrative inaction. 

08

Huang's design patent invalidation case

Submitted to lawyers: Mao Lingjian, Jiang Ning

Highlight: The Patent Reexamination Committee of the State Intellectual Property Administration maintained the validity of the patent right of the design involved in the case. After hearing the case, the Beijing Intellectual Property Court ruled to revoke the No. 32031 invalidation request review decision made by the Reexamination Committee.

09

Case of a company in Taizhou infringing on utility model patent rights

Submitted to lawyers: Mao Lingjian, Jiang Zhen

Highlight: Ordinary technical personnel can directly and clearly determine the specific implementation methods of the above functions or effects by simply reading the claims. The technical features are not functional features, and the interpretation and application rules of applicable functional technical features can also be excluded. ten

Non profit Private Hospital - Wenling Respiratory Disease Hospital Bankruptcy Reorganization Case

Reporting lawyers: Jin Wei, Cai Wanying

Highlights: Fast closure speed, high approval rate of restructuring plan draft, and high repayment rate. Wenling Respiratory Disease Hospital is the only respiratory disease specialized hospital in Zhejiang Province, and also a private non-profit hospital. Through the restructuring, it not only sets a precedent for the restructuring of private non-profit respiratory disease specialized hospitals in the province, but also preserves the core value of private non-profit hospitals, avoids the loss of civil and state-owned assets, and provides ideas for the bankruptcy restructuring of this type of legal person in the future.

In recent years, Liqun Institute has attached great importance to case selection and has made the selection of the top ten outstanding cases a reserved item for year-end summaries. The selection of the top ten outstanding cases is not only a recognition for lawyers who have worked hard for a year, but also hopes that Liqun Lawyers can take this selection activity as an opportunity to continuously explore and improve, and bring more high-quality, professional, and refined legal services to customers! The results of this selection will be commended at the 2019 annual meeting of Liqun Institute, which will be held on January 11th.