An international biopharmaceutical company filed a claim with the Arbitration Court of the Moscow Region against a client of «A.Zalesov & Partners» Patent & Law Firm, a large Russian pharmaceutical company, regarding the use of an invention under the plaintiff's patent in the defendant's medication and the requirement to consider the company's actions to introduce the drug into civil circulation and store it as an infringement of the plaintiff's patent for invention.
By the ruling of the Arbitration Court of the Moscow Region dated June 11, 2024, the proceedings in the case were suspended until a judicial act on another dispute comes into legal force.
On July 19, 2024, the Arbitration Court of the Moscow Region dismissed the application for implementation of the provisional measures in the claim received from a foreign company.
Having disagreed with this judicial act, the foreign company filed an appeal with the Tenth Arbitration Court of Appeal.
«A.Zalesov & Partners» represented the client's interests in court during the consideration of the appeal against the court's decision to refuse to implement the provisional measures.
In particular, the company's associates prepared a reasoned and substantiated response to the appeal, consistently proving the legality and validity of the adopted judicial act, the absence of legal grounds for implementing the requested provisional measures in the dispute.
As a result, on December 13, 2024, the Tenth Arbitration Court of Appeal, having considered the appeal against the decision of the Arbitration Court of the Moscow Region to refuse to implement the provisional measures, rejected the applicant's appeal and kept the judicial act in force.
The client's interests in the case were represented by Aleksey Zalesov, Managing Partner of «A.Zalesov & Partners» Patent & Law Firm.