KIAP patent attorneys win litigation for big pharma company before IP Court Presidium

10.08.2015
KIAP patent attorneys win litigation for big pharma company before IP Court Presidium

The Presidium of Intellectual Property Court upheld a decision for a major international pharmaceutical company cancelling a patent on a pharmaceutical composition of drospirenone/ethinylestradiol, as well as a drug on its basis. This means that the Court's Presidium has drawn a line under the long dispute, which broke out in the autumn of 2013 and eventually made its way through the trial and cassation courts.

The drospirenone/ethinylestradiol composition is used in Russia to make a number of drugs, such as combined oral contraceptive pills (COCPs), the best known of which are Yarina, Yaz, and Midiana.

Previously, in 2014, the IP Court ruled to cancel some of the patent's claims; in January 2015, however, the Presidium set the decision aside in its entirety and ordered a retrial. During the retrial, the Firm's litigators succeeded in demonstrating the invalidity of the patent as a whole, as was originally claimed. As a result, in April 2015 the Court granted the Firm's Client's claim in full and invalidated the challenged patent in its entirety. The patentee and Rospatent [Federal Service for Intellectual Property, Patents and Trademarks] appealed against the decision to the Presidium of the IP Court; all the arguments of the appeal were, however, rejected by the Court.

The engagement was carried out by the patent attorneys Konstantin Suvorov and Dmitry Markin of the intellectual property section.


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Intellectual Property

KIAP's IP practice represents its clients in Russia's Chamber for Patent Disputes, commercial courts, and courts of general jurisdiction, as well as providing consultation on all intellectual property matters and helping with registration of intellectual property rights in Russia. Headed by Partner Elena Buranova, the practice is recommended by the Legal 500 EMEA and ‘Managing IP - IP Stars (2020)' international ratings, as well as by the Russian ratings, Pravo-300 and "Kommersant". In 2020 the firm's IP practice was recommended for the first time by the World Trademark Review 1000 (WTR 1000) international ranking, with a special reference to Prosecution and Strategy. Elena Buranova is personally recommended by WTR 1000 and Best Lawyers international ratings and is named Trade Mark Star by IP Stars in 2020/21. In 2019 Elena was appointed a member of the INTA Commercialization of Brands Committee for the term of 2020-2021. Clients of the practice include major Russian and international retailers, TMT and IT corporations, oil & gas, manufacturing and pharmaceutical companies.


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