The lawyers of the Law firm "YUST" successfully defended the interests of the OJSC “Scientific and production venture “Respirator” in a patent dispute

The court of Savelovsky district of Moscow sustained the lawsuit of the OJSC “Scientific and production venture “Respirator” to M.V.YU. to define the patent holder and rule the patents for two inventions partially invalid.

The cause for filing the lawsuit by the “Respirator” was the fact that M.V.Yu., being the executor of a research and development agreement with the company (the customer), drew in his own name patents for two inventions similar in their characteristics to inventions that the executor was to create according to the agreement and that were to become objects of exclusive rights of the company.

As a means of justification of the lawsuit solicited by the “Respirator”, the court ordered a legal expert examination which, in addition to other proof presented, showed that requirements for the jobs according to the agreement indicated in the specification for research and development of inventions according to the agreement contained all conditions necessary for creation of objects of intellectual property that the executor became the patent holder for.

In relation to this, basing on the proof presented in course of the case hearing, the court decided that the inventions the patents for which were drawn in the M.V.Yu.’s name were created while fulfilling the agreement with the “Respirator”. Thus the company was acknowledged as the holder of exclusive rights to the inventions and the patents drawn in the name of M.V.Yu. were declared invalid.

The court of the city of Moscow by its ruling of 20.05.2010 on the case № 2-2861/09 left the decision of the court of Savelovsky district of Moscow unchanged.

The interests of the OJSC “Scientific and production venture “Respirator” in both court instances were represented by the patent attorney of the Russian Federation, a lawyer at the Law firm "YUST" Alexander Sulimov and a lawyer at the Firm Natalia Gornostay.