The Northern Economic Court of Appeal affirmed Legal Alliance’s position in dispute over protection of the intellectual property rights to an invention
On May 26, 2020, the Northern Economic Court of Appeal affirmed the position of Legal Alliance Company and upheld the first instance court decision in dispute over protection of the intellectual property rights to an invention — a medicinal product.
Thus, the decision in the dispute on a client's initial claim to recognize the infringement of the intellectual property to an invention, partial invalidation of the Ministry of Health of Ukraine order on marketing authorization of the opponent's medicinal product, and the counterclaim to invalidate the patent of Ukraine to an invention came into force.
Correctly developed defense tactics and proof in this dispute at the stage of appeal, during the trial, and appellate review established the solid foundation to rebut the opponent's arguments regarding the patent's inconsistency with two conditions of patentability, as well as proof that the opponent's medicinal product used each feature of the primary claim, including one equivalent feature.
“We won a rather exhausting process for both sides”, Vitaly comments. “The case has been pending before the court since 2016 and was accompanied by a counterclaim and series of interesting evidentiary analyses. As a result, we established to satisfaction of court the infringement of the client's rights, and confirmed the validity of the client's patent.”