A foreign company filed an action against the client of «A.Zalesov & Partners» Patent & Law Firm - Pharmasyntez Group of Companies, one of the top leading biopharmaceutical companies - for the infringement of two Russian patents claiming the recovery of damages and the prohibition of the sale of a generic (a medication for the treatment of cancer) until 2026.
«A.Zalesov & Partners» team developed and implemented a comprehensive strategy for protecting the client’s interests, which, in particular, included challenging in court the legitimacy of the extension of one of the patents and as a result of which the associates achieved partial invalidation of the extension of the patent.
The associates of «A.Zalesov & Partners» proved in court that the client's medication does not use the invention under the current patent of the plaintiff. The peculiarity of the proof was the justification of the lack of equivalence of one of the features of the invention and the active substance of the medication.
On October 31, 2024, the Arbitration Court of the City of Moscow, taking into account the arguments and evidence in the case, issued a decision to partially satisfy the claims. As a result, the amount of compensation awarded to the plaintiff by the court in the case was almost 7 times less than the stated amount.
The client's interests in the dispute were represented by partners Aleksey Zalesov and Irina Ozolina, as well as associate Daria Kushnarenko.