Arbitration Appeal Court Rules in Favor of Sojuzpatent’s Client – Gedeon Richter Nyrt. (Hungary)

16 April 2015

The Ninth Arbitration Appeal Court ruled in favor of Sojuzpatent’s client – Gedeon Richter Nyrt. (Hungary) in a patent RU 2269342 infringement case. The Court upheld the Decision of the Moscow Arbitration Court of September 8, 2014 according to which the Сourt rejected the claims of patent holder to injunct Gedeon Richter Nyrt. from the importation into the territory of Russia, advertising, offering for sale and other introduction into circulation in the territory of Russia of medicine “Midiana” in which invention “Pharmaceutical combination of drospirenone and ethinylestradiol for use as a contraceptive” is allegedly used; to recognize the samples of medicine "Midiana" counterfeit and to obligate Gedeon Richter Nyrt. to withdraw from circulation in Russia and destroy at its own expense the samples of medicine "Midiana". The said decision of the Moscow Arbitration Court of September 8, 2014 was taken as a result of a new examination of the case. To the new examination the case was forwarded by the Ruling of the Presidium of the Supreme Arbitration Court of the Russian Federation of April 23, 2013, which revoked the earlier Decision of the Moscow Arbitration Court of February 21, 2012, Decision of the Ninth Arbitration Appeal Court of May 23, 2012 and Decision of the Federal Arbitration Court of Moscow District of September 10, 2012.