The Moscow Arbitration Court dismissed a foreign company's claim for the infringement of Russian patent No. 2822750.
«A.Zalesov & Partners» team represented in court the interests of one of the defendants - a Russian pharmaceutical company, a manufacturer of a generic pharma product.
During the consideration of the case, we managed to ensure that the appeal and cassation courts upheld the court's ruling on the refusal to implement provisional measures. We also managed to suspend the proceedings until the dispute on the validity of the patent was resolved, in which we subsequently successfully achieved partial invalidation of the patent.
A special feature of the court case was that the patent, on the basis of which the claim was filed, was partially invalidated and revoked, and a new patent for the invention was issued after its expiration.
In this regard, one of the main arguments in the dispute was that the new patent for invention could not be infringed, since the patent was issued after its expiration, when the invention lapsed into the public domain. In the period before the publication of information about the issuance of the patent, the patent holder's right was protected under temporary legal protection, which does not imply the possibility of recognizing the use of the invention as patent infringement.
As a result, the court supported the arguments of the defendants and rejected the patent holder's claim.
The client's interests were represented by Managing Partner Aleksey Zalesov, Senior Partner Irina Ozolina and Patent Attorney Darya Kushnarenko.