PATENTUS has upheld the decision under the patent dispute IPC 814/2016

Date: 30 May 2018

Dmitry Markanov, Alexey Mikhailov and Maria Mescheryakova represented interests of the company Tehnoservice (producer of plastic containers) in the Intellectual Property Court.

In 2015 Sweden Company Petainer Leadcheping AB filed a suit for prohibition of usage companys patent on the utility model 125181 Device for pouring and dosing of drinks and container for a drink of the device. Consequently, our client had to apply to the Pospatent with the intervention against issue of such patent.

In the October 2016 The Chamber for Patent Disputes satisfied intervention and decided to annul the group of utility models under the patent 125181.

In the April 2017 decision of Rospatent was recognize as being lawful by the Intellectual Property Court. Company Petainer Leadcheping AB didnt agree with the court decision and applied to the Intellectual Property Court with cassation. After complaint process case was sent to the reconsideration.

During reconsideration forensic enquiry was conducted. Forensic enquiry confirmed the absence of novelty of the patent 125181. As a result court of the first instance dismissed a complaint of the Company Petainer Leadcheping AB repeatedly.

Cassation was dismissed.

On the 28th of May 2018 presidium of Intellectual Property Court held to uphold court decision about refusal in nullification of the Rospatent decision.

Thus, patent dispute, which existed during 2 years, was solved in favour of Tehnoservice, LLC. Nowadays, our client can produce and sell his goods freely.

Dmitry Markanov Alexey Mikhailov

Thank You!