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EPAM and Tilling Peters Successful for Bayer in Russian Patent Dispute

EPAM and Tilling Peters Successful for Bayer in Russian Patent Dispute

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Egorov Puginsky Afanasiev & Partners, working with Tilling Peters, has successfully represented the interests of German multinational Bayer in a patent dispute before Russia's Intellectual Property Court, which overturned previous court rulings in the case.

According to EPAM, "Bayer, which makes the innovative cancer drug Nexavar, was forced to turn to the courts in a bid to protect its exclusive rights and prohibit local manufacturers from distributing generic versions prior to the expiry of its patent. The respondent in the case, a Russian manufacturer, submitted a counter claim asking for a compulsory license to be issued in advance of the patent’s expiration date."

"In considering Bayer’s case," EPAM reported, "the court of first instance and court of appeal declined, on formal grounds, to carry out a judicial patent review. The courts assessed the patent details presented in the case materials independently, and incorrectly concluded that there was no proof that our client’s patent had been used in the respondent’s drug. This ruling effectively rendered Bayer unable to legally protect its intellectual property rights, but was overturned by the Intellectual Property Court, which sent the case back for reconsideration."

Bayer’s interests were represented in court by EPAM Partner Valery Eremenko and Counsel Vera Rikhterman, and by Tilling Peters Senior Partner Ekaterina Tilling and Associate Ekaterina Lobysheva.

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