On November 13, 2025, the Arbitration Court of the Far Eastern District considered a cassation appeal in case A73-18878/2024 against the rulings of the courts of first instance and appellate courts in the area of pharmaceutical procurement.
The team of «A.Zalesov & Partners» Patent & Law Firm represented the interests of a third party, the auction winner, who did not assert independent claims regarding the subject matter of the dispute.
This ruling was the second ruling by the cassation court in cases with similar circumstances, namely, when considering the verification of the accuracy of information provided in the application regarding a generic medicinal product proposed for supply.
The cassation court agreed with the findings of the trial and appellate courts, which invalidated the decision of the Federal Antimonopoly Service of Russia dated September 25, 2024, in case 24/44/99/P22 regarding the results of an unscheduled inspection of compliance with Russian Federation legislation regarding the procurement of the medicinal product «Dapagliflozin» for preferential categories of citizens of Khabarovsk Territory.
The courts upheld the arguments of the Khabarovsk Territory Government Public Procurement Committee and the third party—the auction winner—that the procurement commission had properly verified the accuracy of the information provided in the bid, relying on official sources of information and the absence of adequate evidence of patent infringement (effective decisions of competent authorities regarding the patent infringement) as of the date of the supplier selection process. They also rightfully admitted the winner's bid to participate in the online auction.
The client's interests in the case were represented by the Head of IP Practice Aleksey Zalesov and Senior Associate Darya Kushnarenko.