KIAP IP Litigators Successful in Defending major Russian Manufacturer in Patent Dispute
11 June 2013 the Federal Arbitrazh (Commercial) Court of Volga Okrug upheld a Samara Oblast Commercial Court judgment that granted the claim of KIAP's client, a major Russian manufacturer, for recovery of a debt in the amount of some RUR 5,000,000 under a patent licensing contract.
In defence of its refusal to pay royalties under the contract, the defendant claimed prior use. Courts of three instances ruled that the licensee's claim of prior use shall not release it from its commitments under the licensing contract in place. Also, prior use being a defence against exclusive right, it can only be enforced against the patentee.