Analysed the client's products for a potential infringement of a competitor's patent

Pepeliaev Group's Intellectual Property and Trademarks Practice provided advice to an American corporation, a leading manufacturer of healthcare products as well as products for personal, professional and industrial hygiene. Our task in this project was to analyse the client's products for an infringement of a competitor company’s patent and to prepare a legal opinion to assess the competitor's possibilities for protecting the exclusive right to the patent, the means to protect the client in the case of court proceedings and the client's possible losses.

The team has carried out a comparative study of the characteristics of the client’s products and of the features of the invention protected by the competitor company's patent. Our lawyers have identified risks connected with a potential infringement of the patent, offered a strategy to follow if the competitor files claims and assessed the possible losses of the client.

Manufacturers of hygiene products strive to protect their solutions by obtaining patents for inventions, utility models and industrial designs. This leads to situations where competing companies can infringe each other's patents. When this happens, it is important to assess risks connected with the threat of the potential infringement to make decisions, including manufacturing decisions, and to assess the situation in general from the business perspective. As a result of this project, the client received recommendations which enabled it to revise its business strategy and tactics.