COBALT successfully represented Gennady Nikolaev, the proprietor of a patent, and the chemical company Holz Prof OÜ, the holder of the right to use the patent, in a patent dispute.
The dispute was over unlawful use of an invention protected by patent no. EE 05408 B1– a phosphate based composition used for the fire protection for timber – by Aleksander Paukson, OÜ Multi Protect and OÜ Loio.
During the judicial proceedings, also European Patent EP 2 334 596 B1 was issued for the same invention. In the judgments that have entered into force by now, both Harju County Court as well as Tallinn District Court took the view that the defendants had infringed the rights of the proprietor of the patent. The courts required the defendants to discontinue unlawful use of the invention protected by the patent, including manufacturing, use, distribution and offering for sale of any products protected by the patent. The defendants were also required to refrain from any such activities in the future.
In his comment to the newspaper Äripäev, one of the owners of Holz Prof OÜ found that the judicial decision could serve as an example to everyone afraid of undertaking a difficult and costly patent dispute.
The clients were counselled by senior associate Viive Kaur from COBALT and patent attorney Urmas Kauler from the patent agency Turvaja.