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11.05.2018

A Client of «A.Zalesov & Partners» Patent & Law Firm, a local manufacturer of municipal machinery, was sued by a local patent owner seeking for injunction, destroying of vehicles in dispute, and demanding monetary compensation for patent infringement in amount equal to full price of the vehicles sold out. The suit was based on the doctrine of equivalents, since both parties agreed that there was no direct patent infringement. A nominated by court expert found equivalency; thus, declared that the patent was infringed. Our associates provided a bulk of evidence to prove that the expert's conclusions were erroneous and contradicting to the facts of the case. A cross-examination of the expert revealed discrepancies in the expert's position. At the same time, «A.Zalesov & Partners» declared that claims limitation period expired, and besides, the patent owner abused his patent rights by filing these claims. After more than one year consideration in the first instance, the Moscow City Arbitration Court ruled to reject the patent owner's claims in full.

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