In the cassation instance the lawyers of PATENTUS caused the review of case on invention patent infringement

Date: 18 September 2015

In the Court for Intellectual Property Rights the company lawyer at PAENTUS Tatiana Sergunina caused the retrial of case No. 40-32115/2014 on the infringement of patent for coloring books in favour of the publishing house Mozaika Sintez.

Earlier, in the instance of appeal, the lawyers of PATENTUS achieved significant changes in the decision issued by the first instance in favour of Mozaika-Sintez. In order to achieve a complete dismissal of the claim, a cassation appeal was sent to the Court for Intellectual property Rights.

The Court for Intellectual Property Rights took notice of the following defense:

1) The patent protects a method for producing an already known product, and the evidential burden of the patented method use lies on the owner. Meanwhile, the case file does not contain the unambiguous evidence of the violations.

2) The right of action commencement is only granted to exclusive licensees, whereas the plaintiff in the present case only had a non-exclusive license.

As a result, the Court for Intellectual Property Rights decided to refer the case for a new trial in the Ninth Arbitration Court of Appeal.

Thank You!