Zuykov & Partners LLC defended the interests of the company “SIPEKS JSC” in the Presidium of the Intellectual Rights Court
The Presidium of the Court of Intellectual Property Rights overturned the decision of the Court of Intellectual Rights as a court of first instance and sent the case for retrial.
Company SIPEKS JSC, which interests were represented by the lawyers of "Zuykov & partners" LLC, is the owner of invention patents No. 2495860, No. 2533483.
I. Maslov believes that his invention rights were affected and he as the author of inventions has the right to specify him as a patentee. In this regard, he appealed on the recognition of invention patents No. 2495860, No. 2533483 partially invalid in the part including the copyright holder, and the issuance of new patents indicating I. Maslov as the patentee.
The demand for recognition of invalidation of patent No. 2533483 severed in other charges.
In respect of both patents issued similar decisions of courts of first instance about partial satisfaction of the declared requirements.
Reviewing the legality and validity of case decisions in respect of patent No. 2533483, the Presidium of the Intellectual Rights Court left it without changes.
In the context of consideration of the cassation appeal of the company "SIPEKS JSC" in court of cassation instance the Respondent has succeeded to prove that the court of first instance in the decision in respect of patent No. 2495860 violated rules of procedural law.
The Presidium of the Intellectual Rights Court has evaluated the arguments of the persons participating in case and adopted a resolution on cancellation of the decision of the court of first instance and refer the case back for retrial.