IP Court Affirms a Decision for ATM in a Patent Infringement Dispute

22 January 2020

The Intellectual Property Court, in its capacity of a cassation instance, upheld the Moscow Arbitration Court’s decision and the 9th Court of Appeals ruling that had cleared Sojuzpatent’s client ATM of alleged patent infringement.

Earlier, in September 2019, the 9th Court of Appeals had 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 lawsuit was related to the claimant’s utility model, which was allegedly used in the defendant’s product – a heating device.

The client was represented by a team of Sojuzpatent’s lawyers and patent attorneys, who were able to develop a well-founded defense strategy. The Court agreed with the conclusion that ATM did not infringe on the claimant’s exclusive rights and that the demands of the suit were unsubstantiated.

When considering the case, the court ordered a technical examination. An independent expert studied ATM’s product in order to determine whether the infringement actually had taken place. The process involved dismantling and even destroying 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.