On November 20, 2024, the Federal Antimonopoly Service of Russia issued a decision recognizing the actions of the client of «A.Zalesov & Partners» Patent & Law Firm on the introduction of a medicinal product with the INN «Osimertinib» into civil circulation as unfair competition and infringing article 14.5 of the Competition Law, and also issued an order to transfer income in the amount of 566,951,059 rubles to the federal budget.
The lawyers of «A.Zalesov & Partners», challenging in court the illegality of both decision and order issued by the FAS of Russia, achieved its cancellation.
In its decision of May 30, 2025, the Arbitration Court of Moscow, recognizing the illegality of the decision and order of the FAS Russia, indicated that the FAS of Russia did not establish competitive relations with the patent holder; the decision of the FAS of Russia was made in the absence of admissible and reliable evidence of the use of the patented invention in the client's medicinal product; the FAS of Russia did not apply the law subject to application - the Eurasian Patent Convention and the Patent Regulations; the FAS of Russia did not have grounds for collecting the entire income to the federal budget.
The client's interests in the case were represented by the Managing Partner Aleksey Zalesov and Senior Associate Julia Kolomytseva.