The Supreme Court dismissed the cassation appeals in the case of the Eurasian patent of Pfizer

Earlier, as part of the consideration by the Intellectual Property Court of the case No SIP-863/2023, Zuykov and partners achieved the recognition of the decision of Rospatent, which revoked Pfizer's Eurasian patent for invention No 012666. In this case, we are talking about Eurasian patent EA No. 012666 for the group of inventions "Optical separation of (1-benzyl-4-methylpiperidine-3-yl) methylamine and its use to obtain pyrrolo derivatives of 2,3-pyrimidine as protein kinase inhibitors". In this case, the specialists of Zuykov and partners represented the interests of PSK PHARMA.

Subsequently,  disagreeing with the decision of the IP Court dated 25.07.2024 in case No IPC-863/2023, Pfizer and the Eurasian Patent Organization appealed to the Presidium of the IP Court with cassation appeals, in which, referring to the inconsistency of the conclusions contained in the decision of the court of first instance dated 25.07.2024, the incorrect application of the norms of substantive and procedural law, they asked for a decision to cancel the said judicial act and send the case for a new trial to the court of first instance Instance.

In December 2024, the Presidium of the IP Court decided to partially satisfy the cassation appeals of Pfizer Inc., and to cancel the decision of the IP Court dated 25.07.2024 in case No IPC-863/2023 in part of the refusal to satisfy the application of Pfizer Products Inc. to invalidate the decision of Rospatent dated 26.05.2023 in relation to clauses 1-15, 18-25 of the claims of the group of inventions under the Eurasian patent No EA 012666.

However, such a resolution of the Presidium of the IP Court did not lead to the adoption of a negative decision for PSK Pharma, since the claims of the patent (1-15, 18-25), which were restored by the decision of the Presidium of the IP Court, terminated due to the expiration of the term (29.05.2022). More significant was the fact that the Presidium of the IP Court recognized as lawful the conclusions of the court of first instance and Rospatent regarding the non-patentability of independent claims 16 and 17 of the claims of a group of inventions, in respect of which the patent retained its effect in the territory of the Russian Federation.

Such conclusions of the court did not suit Pfizer, the Eurasian Patent Organization and Rospatent, which served as the basis for their appeal to the Supreme Court of the Russian Federation.

Within the meaning of Part 1 of Article 2911, Part 7 of Article 291.6, Article 291.11 of the Arbitration Procedure Code of the Russian Federation, a cassation appeal is subject to transfer for consideration in a court session, if the arguments set forth in it confirm the existence of significant violations of the norms of substantive law and (or) the rules of procedural law that affected the outcome of the case, without the elimination of which it is impossible to restore and protect the violated rights and legitimate interests of the applicant in the field of entrepreneurial and other economic activities.

In this case, the Supreme Court considered that the arguments of the cassation appeals do not refute the conclusions of the courts, do not confirm violations of the law by the courts and do not constitute the basis for transferring the complaint for consideration in the court session of the Judicial Chamber of the Supreme Court of the Russian Federation.

Thus, by the ruling of the Supreme Court of the Russian Federation in case No SIP-863/2023, the transfer of cassation appeals of the foreign entity Pfizer Products Inc., the Eurasian Patent Organization, the Federal Service for Intellectual Property for consideration in the court session of the Judicial Chamber for Economic Disputes of the Supreme Court of the Russian Federation was dismissed, and therefore the resolution of the Presidium of the IP Court was upheld.