The Arbitration Court of Moscow region decided to reject the claim of Bayer (Bayer Healthcare LLC, USA) to Nativa, a Russian company, aimed at recognizing and stopping the actions that violate the exclusive rights of the plaintiff.
The German company, which manufactures Nexavar, an original drug (INN: Sorafenib), tried to obtain a court ban precluding Nativa from manufacturing, using, offering for sale, selling, and storing Sorafenib-Nativ, a drug, and claimed that the Russian company violated its exclusive rights to Nexavar protected by a patent.
The Russian Ministry of Health was brought into the lawsuit as a third party by the defendant.
The reason for initiating the claim against the Russian company was the registration and subsequent market launch of an analog drug by Nativa. As stated in the claim, the original drug is protected by a patent.
“We are fully satisfied with the outcome of court proceedings. Sorafenib-Nativ is a proprietary product of Nativa developed by using its own invention protected by a patent,” said Yulia Gerasimova, Deputy General Director for Legal Affairs of Nativa LLC.
After considering all arguments of the parties, the Arbitration Court decided that the actions of the defendant did not violate the exclusive rights of foreign company and completely refused to satisfy the claim.