Our client — «STES-Vladimir» LLC — requested our assistance in invalidating the decision of the Court of the first instance, according to which they had been considered infringers of the patent for invention. The Court of appeal invalidated that decision and the cassation instance upheld the ruling of the appeal.
The counterpart stated that «STES-Vladimir», having obtained the patent rights under a license agreement, had infringed its terms and provided sublicense under the distribution agreement without the consent of the patent holders.
The associates of «A.Zalesov & Partners» Patent & Law Firm proved that the distribution agreement could not be considered as a sublicense, since the disputed goods had been produced in compliance with the rights obtained under the license agreement. According to the distribution agreement, concluded between «STES-Vladimir» and their partners, no patent rights had been provided since no permission of the right holder is required for further selling of goods lawfully put into the civil turnover within the territory of the Russian Federation.