The 9th Court of Appeals has affirmed the Moscow Arbitration Court’s decision on dismissal of patent infringement claims brought against Sojuzpatent’s client ATM, a major producer of heating facilities.
The Court agreed with the conclusion that ATM does not infringe on the claimants exclusive rights and that the demands of the suit were unsubstantiated. The client was represented by a team of Sojuzpatent’s lawyers and patent attorneys and they were able to develop a well-founded defense strategy.
When considering the case, the court appointed a technical examination. An independent expert studied ATM’s product (a heating device) in order to determine whether the infringement actually took place. The process involved dismantling and even destruction of the sample. The Court of Appeals summoned the examiner for further questioning and the parties were able to get first-hand comments on the methodology and findings of the examination.