Events

13 august 2010   Successful defeating of client’s rights

Gorodissky & Partners client - Pozitron (Perm), which is a large Russian supplier of oil and gas equipment, was sued by its competitor Sinergiya-Lider (Perm). The three suits of Sinergiya-Lider concerned an alleged infringement of its patent rights to utility models (Russian patents Nos. 42059, 64683 and 64684).
After studying the case, our patent attorneys had to conclude that the products manufactured by Positron fell within the Patents Nos. 64683 and 64684, but did not infringe the Patent No. 42059 of  Sinergiya-lider.
An independent technical expertise appointed by the court arrived at the same conclusion and the court gave a judgment for recognizing the two patents as infringed.
In parallel, Gorodissky & Partners collected evidence in support of lack of novelty for the utility models protected by the Patents Nos. 64683 and 64684, and filed oppositions to issuance of said patents with the Chamber of Patent Disputes of the Russian PTO. The oppositions were satisfied, and the above two patents were found null and void by the decision of the Russian PTO dated October 2009. For the court it served as “newly discovered facts” and thus provided a basis for cancellation of its previous decisions regarding infringement of said patents.
Sinergiya-Lider appealed against the decision of the Russian PTO in the Moscow Arbitration (Commercial) Court, but the court recognized the arguments set forth by the Russian PTO and Gorodissky & Partners as justified. Finally, the court dismissed the suits against Pozitron.

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