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The court rejected the claim to Rosavtodor, the contractor of which was the company "NPO "Mediana", whose interests were represented by the lawyers of the company "Zuykov and partners"

Aug. 17, 2016

The company "Energomontazh" filed a lawsuit against the Rosavtodor, FKU “Centravtomagistral" and LLC "Tochinvest Ustanovka" in Arbitration court of Moscow. In his statement, the plaintiff believed that a utility model (patent № 149221) he owned was used in installation of road cable barriers on the section of the Dmitrovskoye highway. The plaintiff demanded to prohibit the use of the specified utility model

In January 2016 on a preliminary hearing of the case, the defendants informed the court that utility models (patent No. 126014 and No. 132092) were using in the implementation of works on the specified site. Rights on utility models are owned by the company "NPO "MEDIANA" which is a client of "Zuykov and partners"LLC.

The court has appointed a forensic patent expert investigation to check the legality and validity of the particulars of the claim filed. The expert had to investigate the following point: whether each feature of the independent claim in the patent on utility models №149221, No. 132092, No. 126041 was used in the cable installation of road fencing on the mentioned section. And in case of establishment the expert should determine which of these patents were used.

According to the expert opinion, it became obvious that not all the features of the independent claims of the utility model on patent № 149221 were used during the installation of cable fencing. The court found the plaintiff's arguments concerning the incompleteness of the expert investigation are untenable and dismissed the petition for re-examination.

The lawyers of our company submitted satisfactory evidence of the use of utility models on patents owned by the company "NPO" MEDIANA”.

The arbitration court evaluated all the evidence of the parties and took the decision on refusal of satisfaction of claim requirements. Thus, the company "Zuykov and partners" managed to stop illegal encroachments on the prohibition of the use of the utility model on patent of the client during the installation road cable barriers on the section of the Dmitrovskoye highrway

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Author of article

Olga Zhurid

Olga Zhurid

Lawyer