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The lawyers of PATENTUS have succeeded in defending a patent for a utility model hold by a large manufacturer of cable products from an act of infringement

Date: 29 August 2015

The cable plant "Polimet" is the owner of patent for utility model number 127240 “Communication cable with a wire rope”.

In November 2014 “Polimet” independently applied to the Moscow Arbitration Court with a lawsuit against a closed joint stock company “SUPR” to ban the use of the utility model in the sales of cable products. “SUPR” claimed in return against “Polimet” on the establishment of the right of prior use of no less than 750 kilometers of cable per year.

After several hearings, it became clear that the legal position of “Polimet” had weak points which threatened the plant a total failure in the lawsuit.

In this connection, in June 2015 “Polimet” resorted to PATENTUS, and our lawyers in no time developed a new legal position and strategy of the proceedings. They carefully studied all the materials of the case, prepared detailed written explanation and a statement of reply as well as provided litigation support.

More specifically, the lawyers of PATENTUS:

1) Provided the court with evidence that the cables sold by “SUPR” were identical to those patented by ”Polimet”;

2) Argued before the court that the technical solutions underlying the counterclaim of “SUPR” were not identical to those patented by “Polimet”;

3) Argued before the court that the rights of prior use could not pass to “SUPR” at all – such a right can arise only from the cable manufacturer, the seller cannot exercise an independent right of prior use (formerly, the issue was not uniquely solved in the jurisprudence);

4) All of the above results were achieved without carrying out examination – it helped avoid considerable financial expenses and a lengthy process.

On August 27, 2015 the Moscow Arbitration Court decided (case No. A40-187471/14) to prohibit ”SUPR” use the utility model patent of the Russian Federation No. 127240 “Communication cable with a wire rope” in the sale of cables.

“Polimet” was represented by the lawyers of the company Litigation Department Dmitry Markanov and Tatyana Sergunina.




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