The court sided with the Federal Antimonopoly Service (FAS) in a case concerning the unlawful use of a patent for bosutinib. The pharmaceutical manufacturer had attempted to challenge the agency’s decision and order.
A Moscow arbitration court has ruled in favor of Russia’s Federal Antimonopoly Service (FAS) in a case involving pharmaceutical company AxelPharm and the unauthorized use of a patent for the cancer drug bosutinib. The company had attempted to overturn the agency’s decision and financial order.
According to the FAS press office, the court upheld the agency’s previous ruling that found AxelPharm in violation of antitrust regulations for launching a generic version of bosutinib while the patent was still in effect. The Eurasian patent in question (No. 004427) belonged to Wyeth Holdings LLC, a subsidiary of Pfizer, and expired on September 22, 2024.
Following a complaint by the patent holder, the FAS determined that AxelPharm had engaged in unfair competition and ordered the company to pay 40.5 million rubles (approximately $460,000) to the state budget. AxelPharm challenged both the decision and the fine, but the court sided with the regulator.
The FAS has also raised concerns about AxelPharm’s alleged misuse of patents for three other drugs: axitinib, osimertinib, and ruxolitinib. Notably, the company previously won two separate legal disputes against the FAS.
Sources: FAS, Pharmvestnik
