The team of «A.Zalesov & Partners» Patent & Law Firm represented the interests of the client - a domestic manufacturer of pharmaceuticals - in the case of disputing the RU Patent No. 2297415, which protected substituted oxazolidinones, methods for their production, a pharmaceutical based on them and the use of substituted oxazolidinones.
The Board of the Chamber for Patent Disputes recognized that the set of molecules characterized in the form of the general Markush claims lacked novelty, since some of the compounds from this set were published in the form of the general «early» Markush claims before the priority date of the disputed patent. This approach is consistent with the position expressed by the Presidium of the Russian IP Court in the Ruling on case No. SIP-730/2022 of December 18, 2023. Based on these arguments, the patent holder reduced the scope of claims to a specific molecule.
The patent was considered partially invalid.
The client's interests in the case were represented by the Managing Partner Aleksey Zalesov and Patent Attorney Julia Dutikova.