Legal Alliance re-defended client’s interests in a dispute over IP rights for an invention

Commercial Court of Kyiv City following a new trial in the court of the first instance reaffirmed the position of Legal Alliance in the dispute over the intellectual property rights for an invention – a medicine.

In the dispute over the client's initial claim for infringement of intellectual property rights for an invention, partial invalidation of the order of the Ministry of Health of Ukraine on registration of the opponent's medicine, and the counterclaim for invalidation of Ukraine's patent to the invention, the Court confirmed the infringement of the Legal Alliance client's intellectual property rights for an invention – a medicine – and found the counterclaim unjustified.

The case continues since 2016. On March 6, 2020, Legal Alliance has already reached a decision by the Commercial Court of Kyiv City in favor of the client, which was upheld by the decision of the Northern Commercial Court of Appeal dated May 26, 2020. However, on July 21, 2020, the Supreme Court remanded the case to the Commercial Court of Kyiv City for a new trial.

During the new hearing, in addition to the expert conclusions already available in the materials, each of the parties provided new expert conclusions to confirm their legal position, which further complicated the trial.

However, correctly developed defense tactics, thorough analysis, and lawyers' refutation of the opponent experts' conclusions allowed refuting the plea about the patent's inconsistency with the conditions of patentability, as well as to prove that the opponent's medicine used every feature of the independent claim and its equivalent.

Counsel, attorney-at-law Vitalii Savchuk and associate Anastasia Grachova defended the interests of the client.