Team of «A. Zalesov & Partners» Patent & Law Firm represented the interests of one of the largest Russian pharmaceutical manufacturers, BIOHIMIK, JSC (part of PROMOMED Group), before the Russian Federal Antimonopoly Service in a case for violation of Article 14.5 of Federal Law No. 135-F3 of 26.07.2006 “On Protection of Competition”.
At the end of 2023, the Russian Federal Antimonopoly Service initiated a case against our client due to unauthorized use of the invention under Russian patent No. 2245335 while introducing into civil circulation «ERIBULIN-PROMOMED», an important medicine for the treatment of oncological diseases included in the list of vital and essential drugs for medical use.
«A.Zalesov & Partners» team developed and implemented a comprehensive strategy to protect the client's interests.
In particular, prior to filing the application and initiating proceedings for violation of antimonopoly legislation by the Russian Federal Antimonopoly Service, the validity of the said patent was challenged before the Chamber for Patent Disputes of Rospatent.
As a result, our lawyers succeeded in having the patent recognized as partially invalid and its revocation from the date of filing the patent application. At the same time, the new patent under the application was granted after the invention under the patent had entered the public domain. That is, the new patent was never valid.
The firm lawyers developed a position on the dispute and a clear sequence of actions allowed to prove that the client's actions did not constitute a violation of the antimonopoly legislation and to obtain a decision in favor of the client.
As a result, the Commission of FAS of Russia decided to terminate the case against BIOHIMIC JSC due to the absence of a violation
The client was represented in the case by the Managing Partner, Aleksey Zalesov, and Lawyer, Daria Kushnarenko.