Patent cancellation means retroactive complete cease of protection

On 6 April 2021 the Commercial Court of Altay region supported the patent infringement lawsuit of Uralvagonzavod, owner of RU 2200681 patent for invention, filed against Altayvagon company. More than 36 million rubles were awarded as compensation. The decision was supported by the 7^th court of appeals in September. Nevertheless, the Defendant both filed a cassation plea and started a patent cancellation with RU PTO. The latter procedure succeeded in November 2021, deeming the patent void from the date of filing. Uralvagonzavod attempted to reverse the cancellation within the IP Court, but eventually failed, managing only to stall the cassation for the main infringement case.

As the Defendant lost its exclusive right to the patented invention retrospectively, starting the date of filing (in year 2001), it meant a loss of all lawsuit basis. Following official legal opinion of the Supreme Court of Russia, the Presidium of the IP Court reversed both the first and appeal courts’ acts and dismissed the lawsuit completely

https://kad.arbitr.ru/Card/4de10cba-4d8f-456a-a897-16386796579e