Withdrawal of cassation appeal remained in force the court decision in favor of EFKO-Kaskad in the case of canceling the Rospatent decision
Blago Company Limited Liability Company appealed to the Presidium of the Court for Intellectual Property Rights with a cassation appeal against the decision of the court of first instance dated 11/19/2021 in case No. SIP-488/2021 upon the application of Blago Company Company to cancel the decision of the Federal Service for Intellectual Property property dated March 18, 2021, adopted as a result of consideration of an objection to the issuance of a patent of the Russian Federation No. 121827 for an industrial design.
The EFKO-Cascade Coordinating Distribution Center Limited Liability Company and the foreign entity EFKO FOODS PLC are involved in the case as third parties that do not declare independent claims regarding the subject of the dispute.
The interests of EFKO-Kaskad LLC and the foreign entity EFKO FOODS PLC in this dispute were represented by Zuykov and Partners LLC.
By the decision of the Court for Intellectual Property Rights dated November 19, 2021, the application of the Blago Company company was denied. In a cassation appeal filed with the Presidium of the Intellectual Property Rights Court, the company Blago Company referred to the violation by the court of the first instance of the norms of substantive law and procedural law, the inconsistency of its conclusions with the actual circumstances of the case and the evidence available in the case, asked to cancel the appealed decision and send the case for a new review.
By the decision of 01/20/2022, the cassation appeal was accepted for proceedings by the Presidium of the Court for Intellectual Property Rights, the trial for its consideration was scheduled for 03/14/2022.
However, prior to the start of the court session, the Company Blago received a motion to dismiss the cassation appeal and terminate the proceedings on it.
Having considered the petition of the Company Blago Company, the Presidium of the Court for Intellectual Property Rights considered it possible to accept the withdrawal of the cassation appeal on the basis of Article 282 of the Arbitration Procedure Code of the Russian Federation.
Thus, the decision of the Intellectual Property Rights Court dated November 19, 2021, according to which the claims of Blago Company LLC were not satisfied, remained in force.
At the same time, in the dispute in case No. A14-12866 / 2020, the application of the Efirnoye joint-stock company, the EFKO-Cascade Coordinating Distribution Center limited liability company, a foreign entity EFKO FUDS PLC, whose interests were represented by Zuykov and Partners LLC, was considered on the cancellation of the decision of the OFAS for the Voronezh region on violation of antimonopoly law in relation to Blago-South LLC. In connection with the termination of the violation of the rights of clients, the claim in case No. A14-12866/2020 was withdrawn. The court of the first instance accepted the waiver of the claim, the proceedings were terminated.