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Successful Representation of Client in a Dispute on Infringement of Patented Invention

Client Evalar CJSC

Description

Austrian company Megainfarm GmbH (the Claimant) is the owner of Eurasian patent No. 005132 for Miramistin pharmaceutical drug. Assuming that the Client uses the said invention in its product Miramed antiseptic, thereby infringing the exclusive right of Megainfarm GmbH, the Claimant has filed a claim with the Commercial Court of Moscow for protection of its right.

Solution

The specialists from Gorodissky & Partners have thoroughly analysed whether the Client’s product does contain the features of the invention and based on this analysis have prepared and sent to the court a reasoned statement of defence and written opinions refuting the Claimant’s arguments, in particular, pointing out that each feature of the Claimant’s invention is not present in the Client’s product and, in addition, the Client’s product is not a pharmaceutical drug but oral personal hygiene product (perfumery and cosmetic product), consequently, the Claimant’s patent protecting the pharmaceutical drug cannot cover the Client’s product. In addition, the firm’s lawyers have requested the court for an expertise since proficiency in chemistry is necessary to decide this case on the merits.

Result

The court has satisfied the request for an expertise. The expert has confirmed that the Client’s product does not contain each and every feature of the invention listed in the independent claims of the Claimant’s patent. Taking into account our arguments and the expert’s opinion, the court has concluded that the invention under the Claimant’s patent is not used in the Client’s product and has dismissed its claims.

Thus, the Client has got an opportunity to freely produce and market its product Miramed antiseptic as there is no more threat of receiving claims from Megainfarm GmbH.

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