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Sar & Partners Persuades Hungarian Supreme Court of Alternate Route to Same Result in Adidas Case

Sar & Partners Persuades Hungarian Supreme Court of Alternate Route to Same Result in Adidas Case

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Sar & Partners is reporting that, in the nearly two-decade long patent dispute with Adidas in Hungary, the country's Supreme Court has now ruled, on appeal, that the lower court's ruling regarding the amount of unjust enrichment to be returned to firm client Laszlo Oroszi — the developer of Adidas's Predator Precision and Predator Mania football shoes, who patented the ribbed top of the shoes in 1996 — should stand, although the specific reasoning for the award was incorrect.

Oroszi brought an action against Adidas Budapest Ltd. in 2002, seeking a declaration of patent infringement and other measures. In its decision of November 8, 2016, the Metropolitan Court of Appeal of Hungary obliged Adidas Budapest Ltd. to return four times the amount of its enrichment plus interest since March 23, 2002 to Oroszi (as reported by CEE Legal Matters on November 25, 2016). The Metropolitan Court of Appeal based its decision on the assumption that the football shoes were entirely protected by the patent, and thus that Adidas was obliged to return the entire amount of its enrichment. According to a Sar & Partners spokesman, the Supreme Court, however, in its recent ruling, held that the patent did not protect the entire shoe, but nonetheless that because "the invention had such a large significance, both in functionality and economically ... it entirely covered the amount of enrichment achieved in sales." According to Sar & Partners, "consequently the [Supreme Court] found no reason to decrease the amount to be returned as enrichment but this time the reason for it was the 100% cover ratio of the invention."

Oroszi was represented by both Sar & Partners and the Danubia Patent and Law Office.

Hungary Knowledge Partner

Nagy és Trócsányi was founded in 1991, turned into limited professional partnership (in Hungarian: ügyvédi iroda) in 1992, with the aim of offering sophisticated legal services. The firm continues to seek excellence in a comprehensive and modern practice, which spans international commercial and business law. 

The firm’s lawyers provide clients with advice and representation in an active, thoughtful and ethical manner, with a real understanding of clients‘ business needs and the markets in which they operate.

The firm is one of the largest home-grown independent law firms in Hungary. Currently Nagy és Trócsányi has 26 lawyers out of which there are 8 active partners. All partners are equity partners.

Nagy és Trócsányi is a legal entity and registered with the Budapest Bar Association. All lawyers of the Budapest office are either members of, or registered as clerks with, the Budapest Bar Association. Several of the firm’s lawyers are admitted attorneys or registered as legal consultants in New York.

The firm advises a broad range of clients, including numerous multinational corporations. 

Our activity focuses on the following practice areas: M&A, company law, litigation and dispute resolution, real estate law, banking and finance, project financing, insolvency and restructuring, venture capital investment, taxation, competition, utilities, energy, media and telecommunication.

Nagy és Trócsányi is the exclusive member firm in Hungary for Lex Mundi – the world’s leading network of independent law firms with in-depth experience in 100+countries worldwide.

The firm advises a broad range of clients, including numerous multinational corporations. Among our key clients are: OTP Bank, Sberbank, Erste Bank, Scania, KS ORKA, Mannvit, DAF Trucks, Booking.com, Museum of Fine Arts of Budapest, Hungarian Post Pte Ltd, Hiventures, Strabag, CPI Hungary, Givaudan, Marks & Spencer, CBA.

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