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.