Legal Alliance successfully has defended the interests of a pharmaceutical company in dispute on intellectual property rights for an invention — medicine
For three years Legal Alliance lawyers have been defending the interests in a client primary claim dispute on the admission of violation of intellectual property rights for an invention, and partial cancellation of an Order of the Ministry of Health of Ukraine on the registration of medicine of the opponent, and counterclaim on revocation of the patent of Ukraine for medicine.
As a result of properly developed defense and proof tactics in this dispute, after a number of expertise in response to client`s order, we refuted opponent`s argument with regard to the patent not meeting two patentability requirements at the same time (inventive step and novelty), also, we proved that in its medicine the opponent used every formula primary claim features of the invention or equivalent features.
It should be mentioned that less substances were used in one of the features of the opponent’s medicine than the invention formula required. The opponent used this fact as a leverage when contesting the use of the invention. Yet, Legal Alliance lawyers proved the equivalency of features by receiving a separate conclusion from an expert where the issue of the equivalence of the features mentioned was researched.
The chosen vector led to the court decision to meet the primary claim fully and completely and to deny meeting counter claims.