On September 24, 2025, the Moscow Arbitration Court granted a decision in case No. A40-44431/24-51-358, dismissing the inventor's claim against the company operating the «SberZdorovye» telemedicine service to protect patent on invention. The court considered that the case materials did not contain evidence of the defendants' use of every feature of the plaintiff's invention, or of any equivalent feature known as such before the invention's priority date.
Irina Ozolina, Senior Partner «A.Zalesov & Partners» Patent & Law Firm, commented on the court's decision for the «Attorney’s Newspaper».
The expert noted that the patent dispute was considered strictly in accordance with the procedure established by law and practice: to prove a patent infringement the plaintiff must file a request for commissioning of an expert examination, which must determine whether all the features of the invention are used in the defendant's product. However, the court should not and cannot independently delve into the intricacies of the invention, as the judge may not have specialized higher education in this field. Therefore, an expert examination is almost always commissioned in such cases. Irina noted that in patent disputes, in most cases, a negative expert opinion results in the dismissal of the claim. According to the expert, the decision in question has not yet entered into force, so it is too early to draw conclusions about its impact on judicial practice. However, it is fully consistent with existing practice in resolving patent infringement disputes.
Please following the link to read the article (in Russian).