Sayenko Kharenko has successfully defended the interests of pharmaceutical manufacturer Bayer AG before the Supreme Court of Ukraine regarding a patent dispute over the drug Rivaroxaban.
According to Sayenko Kharenko, “In early 2018, the defendant imported products including the invention protected by a patent for the active substance Rivaroxaban. These imports infringed on the intellectual property rights of Bayer who owns the rights to the invention under the Ukrainian patent 'Substituted oxazolidinones and the use thereof to prevent blood clotting,' used in manufacturing and sale of Xarelto drug with the active ingredient Rivarox. The defendant did not deny the fact of the import and use of the Bayer patent but referred to the fact that it imported products for scientific purposes. According to the Law of Ukraine, the use of a patented invention for scientific purposes or an experiment is not considered a violation of the rights arising from the patent. The court of the first instance and the Appellate court agreed with the arguments of the defendant. [The] Sayenko Kharenko team did not agree with the decision by the courts of the lower level and appealed it to the Supreme Court which, on April 14, 2020, overturned the decision of the lower-level courts.”
Sayenko Kharenko’s team included Partner Yaroslav Ognevyuk, Senior Lawyer Maksym Medvid, and Lawyer Pavlo Kovalchuk.
