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Zuykov & Partners Safeguard Interests of Izhevsk Experimental Mechanical Plant at the Presidium of the IPR Court

05 Mar 2021 (updated at 13 May 2021)
#Company News
Managing Partner / Patent Attorney of the Russian Federation / Eurasian Patent Attorney

Izhevsk Experimental Mechanical Plant patented invention “Extra Strong and Rust Resisting Steel”with the priority date of August 4, 2004. As it turned out, the patented object is the subject of interest of various enterprises, which make attempts to contest the rights and invalidate the patent of the client of Zuykov and Partners law offices. However, due to the patent attorneys who acteddiligently, choosing and applying all available legal remedies to protect interests of the client, the patent has been valid for several years, despite the litigation in various instances.

One of the conflicts arose due to the fact that some companies decided that Rospatent registered the invention “Extra Strong and Rust Resisting Steel” despite the fact that the subject matter does not meet the patentability requirements. The interested parties appealed to the patent office against granting legal protection to the disputed technical solution. Rospatent considered the claims of these companies justified and on November 27, 2019, decided to satisfy the opposition and invalidate the disputed patent.

Zuykov and Partners believed that the specialists of the patent office made an incorrect decision and came to erroneous conclusions due to the fact that they were based on an incorrect mathematical calculation of the composition of substances. Therefore, the lawyers filed a lawsuit to the Court for Intellectual Property Rights (hereinafter the IPR Court) with the request to invalidate the decision of Rospatent.

After reviewing the case during the trial, the judges concluded that the claims filed by Izhevsk Experimental Mechanical Plant are legitimate and on October 12, 2020 decided to satisfy the plaintiff’s claims, to invalidate the decision of Rospatent of November 27, 2019 and to compel the patent office to restore the effect of the patent of Zuykov and Partners clients. Click here for more details.

The decision made by the IPR Court did not satisfy the other parties to the dispute, so they appealed the decision or the first instance by way of cassation proceedings. The Presidium of the IPR Courtconsidered four cassation appeals.

As a result of the proceedings, the Court upheld the position of Zuykov and Partners attorneys and passed a judgment dated January 29, 2021 dismissing the complaints and upholding the judgment of the IPR Court dated October 12, 2020.

Managing Partner / Patent Attorney of the Russian Federation / Eurasian Patent Attorney