The pharmaceutical company Anvilab LLC filed a lawsuit against our client for infringement of the Eurasian patent «Antiinflammatory preparation».
The plaintiff based his arguments on the fact that the use of the patent in the client’s medicinal product was proved in competition protection case.
Our associates insisted on commissioning of expert studies to resolve the issue of the presence or absence of a patent in the medicinal product, despite the plaintiff’s objections. After the appointment of the examination, the plaintiff tried to challenge the suspension of the case and the order of appointment of the examination in the appellate and cassation instances, however, both courts confirmed the correctness of the order of appointment of the examination, and also indicated the absence of prejudice.
The crucial issue in this case was the presence or absence of equivalence of the features of the client’s medicinal product and the plaintiff’s patent.
Upon the examination the expert pointed out the lack of equivalence and concluded that the client’s medicinal product does not use each or an equivalent feature of the plaintiff’s patent.
The plaintiff tried, but failed to challenge the results of the expertise. The result of the dispute consideration was that Court dismissed the claim.
The plaintiff filed an appeal, but then at the court hearing he abandoned. So the case was closed.
The client was represented by the Senior Partner Irina Ozolina and Associate Julia Kolomytseva.
For more details about the case, please follow the link.