Rospatent began considering a dispute between Moscow businessman Artashes Ikonomov and Apple over the revocation of the patent for an emergency phone. The result may affect the outcome of the judicial process, in which 295 billion rubles are demanded from the American company, RBC writes.
Apple is demanding that the patent be invalidated, insisting that it duplicates the American company’s international patents. The businessman claims that he received the patent for the model in 2013. The litigation on this issue between the company and the businessman has continued since 2019.
According to the legal advisor of the intellectual property department of EDB, Igor Chuschinov, until 2014, to register utility models it was not necessary to conduct an examination and prove the uniqueness of the development.
The expert further added that if Ikonomov’s utility model patent is invalidated, this will become the basis for refusing to satisfy the businessman’s claims in court.
The managing partner of Zuikov and Partners, Sergei Zuikov, does not understand how the patent holder justifies the compensation amount of almost 300 billion rubles. Typically, the royalty fee is 5 to 10% of the cost of the product sold using the patent rights.
According to Rusprofile, the turnover of Apple Rus in Russia in 2022 amounted to 85 billion rubles. For a year, the license, according to the lawyer, could amount to 8.5 billion rubles. Taking into account the statute of limitations, compensation could amount to 25-30 billion rubles, he noted.
Author:
Karina Pardaeva
Source: RB
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