On September 17, 2020 the team of «A.Zalesov & Partners» Patent & Law Firm successfully proved before the Russian IP Court that the Russian patent № 2564104 «long-acting insulin compositions» (the patent holder is «Sanofi Aventis») does not meet the novelty and industrial applicability requirements. «A.Zalesov & Partners» Patent & Law Firm acted on behalf of its client, «GEROPHARM» LLC, a Russian manufacturer of biotechnological drugs and leader in the development and production of insulins.
After a lengthy litigation the IP Court agreed with the arguments of «A.Zalesov & Partners» Patent & Law Firm team and sent the case back to Rospatent for reconsideration. Thus, the IP Court confirmed, that a priority can be only claimed of an application, in which all the features of the invention are disclosed. Long and consistent grounding of this legal position, also in earlier publications, led to confirmation in the Court of a later priority date for patent № 2564104, rather it was initially indicated in its decision by Rospatent.
The opposed patent of «Sanofi Aventis» blocks «GEROPHARM» LLC from accessing the market of the medicinal form of insulin glargine (long-term peak-free insulin) with a market volume of more than 50 million EUR and possible further growth.
The interests of «GEROPHARM» LLC have been represented in the Court by Partners of «A.Zalesov & Partners» Patent & Law Firm and patent attorneys — Dr. Aleksey Zalesov and Dr. Natalia Samsonova.