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EPAM and Eversheds Sutherland Successful on Appeal for Bayer in Russian IP Dispute

EPAM and Eversheds Sutherland Successful on Appeal for Bayer in Russian IP Dispute

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Egorov Puginsky Afanasiev & Partners and Eversheds Sutherland have successfully protected the patent rights of Bayer in appellate proceedings before the Intellectual Property Court in Russia.

According to EPAM, “Bayer and other global pharmaceutical leaders (Novartis AG, Orion Corp., Bristol-Myers Squibb and others) faced systemic breaches of their intellectual [property] rights by a mala fide Russian manufacturer," which, the firm reported, "has launched its own generic brand of medication based on Bayer’s intellectual property without authorization, and started pushing Bayer’s products out of the market."

Bayer's appeal was filed after a lower court dismissed the company's claim. According to EPAM, “the conclusions made by the lower court were in gross violation of the rules of substantive law, conflicted with the documents provided by the Russian Ministry of Health, lacking due regard to the forensic expert examination and were ignoring the case law in similar disputes,” and the firm added that 

The Intellectual Property Court reversed the decision of the lower court and sent the case back for retrial before a new panel of judges.

Egorov Puginsky Afanasiev & Partners’s team included Partner Valery Eremenko, Partner Vera Rikhterman, Associate Vladimir Rodionov, and Paralegal Oleg Kurin.

Eversheds Sutherland’s Moscow-based team consisted of Partner Ekaterina Tilling and Associate Ekaterina Lobysheva.

Russian Knowledge Partner

Founded in 1993, Egorov Puginsky Afanasiev & Partners is the leading full-service law firm in the CIS with offices in Russia, Ukraine and Belarus and associated offices in the UK, the USA and Cyprus.

We handle some of the largest and most complex and demanding transactions. We advise our clients in many areas of law, including: dispute resolution in Russia and abroad, International Arbitration and Litigation, M&A and Corporate, antitrust issues, criminal law, intellectual property, restructurings and insolvencies, international trade and customs, tax, real estate and construction, banking and finance, energy and natural resources, environmental and technical regulation, marine and transport law, pharmaceuticals and healthcare and others.

We combine high academic qualifications, internationally acknowledged moral and ethical values, senior partners' professional experience and practical abilities with the vigour and knowledge of younger attorneys, providing clients with reliable, first-class service according to both Russian and western standards through a flexible structure.

All News about, and Legal Analysis by, Egorov Puginsky Afanasiev & Partners can be found here.

Firm's website: www.epam.ru

 

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