Legal Alliance Company protected a Swedish pharmaceutical company in a patent dispute

Legal Alliance Company protected a Swedish pharmaceutical company in a
patent dispute.

Legal Alliance Company has won a case initiated by a claim of two pharmaceutical companies on the
client’s patent invalidation.

Grounds for the claims were non-compliance of the patent with novelty and inventive step. To prove this
one of the opponents filed an expert opinion with the court.

Lawyers of Legal Alliance Company developed the protection concept and focused the court’s attention
on the fact that the claimants had selected improper way of right protection. Rendering the patent invalid
would not entail restoration of the opponents’ rights, and the fact that a person does not agree that the
patent is at the customs register is not a reason for the patent invalidation.

Thus, the court rejected the claims based on improper way of rights protection.
Senior associate Vitalii Savchuk and associate Natalia Abramovych, guided by partner Illya Kostin,
represented interests of the client in the Commercial Court of Kyiv.

“We had an opportunity of playing expert opinions like cards”, commented Vatalii Savchuk “applying
simultaneously with the opponents to other institutions and delaying the process for years. We could have
risked and ignored the opponents’ expert opinion proving that the right itself was not infringed by the
patent and the selected ways of protection are improper. The strategy has proved successful”.