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17.10.2019

On September 05, 2019 the IP Court upheld the previous decisions of the courts of the first and appeal instances and confirmed that there is no infringement of the Russian patent RU 2487070 on an invention «Garbage truck with rear loading». Previously the Moscow City Arbitration Court ruled in favor of the client of «A.Zalesov & Partners» Patent & Law Firm in spite of the in-court examination results, having agreed with us, that the expert's conclusion regarding equivalency is ungrounded, and therefore the equivalency is not proven. The appeal instance appointed a repeated in-court examination, which confirmed the lack of infringement by out client. The IP Court confirmed the conclusions of the first instance and appeal, and also pointed out that in order to establish equivalence it is important not only to confirm the equivalence of the features but also to prove that the features are known as equivalent from the prior art. The IP Court also evaluated such evidence as an inquiry of a person by advocates, indicating that although such evidence is not an inquiry of witnesses, it is another valid and relative evidence. The client was represented by a Senior Partner Irina Ozolina and a Senior Associate Vladislav Ryabov of «A.Zalesov & Partners» Patent & Law Firm. The court case number is A40-30260/2017. The case materials are available on the court's website.

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