Dispute concerned the terms and conditions of the public tender

Our team represented one of the major safe printing companies in the Baltic States. The dispute concerned the terms and conditions of the participation in a public tender. By filing the claim with the court, the only client‘s competitor sought to become the only participant in the public tender.

First of all, the claim was aimed at proving that the requirements provided for in the tender terms and conditions must be tightened. What is more, the claimant sought to prove that it has a patent for the process of manufacturing the product of public contract, which technical specifications was set in Lithuanian standard implemented by National Standards Body. Thus, the claimant argued that the client breached the patent rights of the claimant.

However, the court stated that the tender terms and conditions are reasonable, lawful and consistent with the principles of tender, and that the claimant‘s claims on the grounds of the patent rights were inadmissabe.

In this case, for the first time in the Lithuanian case law, the Lithuanian courts were deciding on whether a standard-essential patent owner may use the means of patent rights‘.