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14 June 2022

After announcing the Eurasian patent invalid, the Court of Appeal decided to dismiss Pfizer's claims against PSK Pharma unsatisfied

Earlier Pfizer Products Inc. filed a lawsuit against PSK Pharma LLC to the Moscow Arbitration Court claiming inter alia the invalidation of PSK Pharma's use of the invention under the Eurasian patent No 006227 in the "Tofara" medicine as well as the prohibition of the introduction of the "Tofara" medicine into civil circulation.

 

By the decision of the Moscow Arbitration Court dated December 20, 2021, the claims of Pfizer Products INK. were partially satisfied: the court of the first instance recognized the use by PSK Pharma of the invention under the Eurasian patent No. 006227 in the drug Tofara and prohibited PSK Pharma from introducing this drug into civil circulation.

 

Disagreeing with the court's decision in the first instance, PSK Pharma applied to the Ninth Arbitration Court of Appeal with an appeal against the court's decision of the first instance. At this stage of the process, the interests of PSK Pharma LLC were represented by Zuykov and Partners LLC.

 

Parallel to that, by the Rospatent's Decision as of May 14.05.2022, based on the results of the consideration of the opposition against the validity of the territory of the Russian Federation of the Eurasian patent № 006227, the PSK Pharma LLC opposition was satisfied and the Pfizer Products Inc. patent was declared invalid completely.

 

The Court of Appeal pointed out that in this regard, the actions of other persons to use the invention, the patent for which was subsequently declared invalid, cannot be recognized as a violation of the rights of the person to whom the patent was issued.

 

In view of the foregoing, in connection with the invalidation of the Eurasian patent for invention No. 006227 in Russia, by the decision of the Ninth Arbitration Court of Appeal dated 03.06.2022, the decision of the court of the first instance in terms of satisfaction of claims modified, the claims of Pfizer Products INC. left completely unsatisfied.

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