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27.09.2019

On July 17, 2019 the Arbitration Court of Saint Petersburg confirmed amicable settlement in a patent infringement case №А56-116678/2017 started in 2017. In this dispute the Managing Partner of «A.Zalesov & Partners» Patent & Law Firm Dr. Aleksey Zalesov successfully defended interests of the local Russian pharmaceutical company «Farmasynthez». The plaintiff «Tuteur S.A.C.I.F.I.A» filed this patent infringement case with the Arbitration Court of Saint Petersburg basing on Eurasian patent EA 18867 (secondary patent related to the process of Capecitabine manufacturing) seeking permanent injunction on defendant's generic product «Capecitabine» and compensation of damages of about RUR 700,000,000 (approx. USD 12,000,000) for the previous sales. The settlement agreement as published on the Court website states the drop of all plaintiff's claims in full, the issuance of non-exclusive license on EA 18867 to «Farmasynthez» not just for Russia, but for all countries of the Eurasian Patent Convention for a single nominal fee of USD 300. The success with such settlement permits the client to continue manufacturing of important oncology product «Capecitabine» in Russia without limitation and supply it to all countries of Eurasian region. Dr. Aleksey Zalesov joined this case as an attorney in early 2019. During three court hearings which took place in 2019 the attorneys of defense (Dr. Aleksey Zalesov and attorneys of the «Butenko & Partners» Law Firm who continued representation) managed to show to the Court several substantial errors in the position of the plaintiff. Only after that the case has been settled in favor of the defendant after about 2 years of litigation.

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