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Dispute regarding the illegal use of a patent on a medicinal product

Objective

We were asked by a large pharmaceutical company for assistance in a dispute regarding the illegal use of its patent in the manufacture of medicinal products of another manufacturer. The client wanted to cease activities that violate exclusive rights and collect damages (loss of profit) arising from the availability of a product on the market, manufactured with the use of a patented formula.

The client appealed to us at the stage of the trial in the court of first instance, when an examination had already been conducted in the case, which found no signs of using the patent for the invention of our client, which in fact meant the loss of the case.

Decision

We were able to effectively interrogate the expert and put his conclusions into question. We were able to find contradictions in the expert opinion and convince the court of the need to appoint a second examination in the case. The results of the second examination forced the opponents to conclude an amicable agreement with our client.

Result

The client was able to receive more than 150 million rubles in compensation for losses, maintain and strengthen its market position and demonstrate to competitors the ability to successfully defend their rights.

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