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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.

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 advise its clients in many areas of law, including: dispute resolution in Russia and abroad, corporate law, M&A, antitrust issues, project finance and PPP, restructurings and insolvencies, energy and natural resources, property management and privatization, environment, technical regulation and industrial safety, banking and finance, intellectual property, criminal law, real estate and construction, taxation, family and labour disputes, marine and transport law, and international trade and customs.

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 that enables thus 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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