Successful Representation of the Client in a Patent Infringement Case

Client Setra Lubrikants LLC

Description

The authors of the invention under Russian patent No. 2723662 for the invention “method of generation and use of a QR code” brought a lawsuit against the client seeking an injunction as well as compensation for infringement of the patent rights.

The trial court partially sustained the plaintiffs’ claims in part.

Following the judgement of the trial court, the client entrusted the Law Firm Gorodissky & Partners to handle the case.

Solution

The specialists from Gorodissky & Partners appealed the decision to the Moscow City Court. In addition, an opposition to the granting of the patent was also filed with the Russian PTO, on the ground of non-compliance of the invention with the “novelty” patentability requirement.

The Moscow City Court suspended the appeal proceedings until the Russian PTO’s decision over the opposition.

Result

The Russian PTO agreed with the arguments of the opposition and held the patent fully invalid.

Taking into account the decision of the Russian PTO, the Moscow City Court reversed the decision of the trial court and ruled for the client.