A foreign company filed a lawsuit with the Moscow Arbitration Court against the client of «A.Zalesov & Partners» - a group of companies among the top leading pharmaceutical companies - for infringement of the inventions under two patents of the Russian Federation, recovery of compensation and prohibition of sale of a generic (cancer treatment medication) until 2026.
By the decision of the Moscow Arbitration Court dated 31 October 2024, the claims of the foreign company were partially satisfied. Patent infringement was recognised only in respect of one of the two patents, the validity of which had already expired at the time of consideration of the case, and the amount of compensation awarded by the court to the plaintiff in the case was almost 7 times less than the claimed amount.
Disagreeing with the court's decision to dismiss the claims and reduce the amount of compensation, the foreign company filed an appeal with the Ninth Arbitration Court of Appeal.
«A.Zalesov & Partners» represented the client in court during the consideration of the appeal against the decision of the court of first instance. In particular, the company's lawyers prepared a reasoned and substantiated response to the appeal, consistently proving the legality and validity of the adopted judicial act.
As a result of consideration of the appeal, the Ninth Arbitration Court of Appeal in its ruling dated 30 April 2025, confirmed the legality and validity of the decision of the court of first instance, leaving the judicial act unchanged and the appeal without satisfaction.
The Head of Intellectual Property Practice Aleksey Zalesov and Senior Associate Darya Kushnarenko represented the client in the dispute.