Maxim Ali has commented for the DP on Biocad’s attempt to challenge a one of AstraZeneca’s patents

Maxim Ali - Partner

Biocad (St Petersburg-based drug manufacturer) is trying to challenge the decision of Rospatent (Federal Service for Intellectual Property) in the Intellectual Rights Court. The Service had perviously refused to cancel the patent of Sweden’s company AstraZeneca AB. The patented composition of fulvestrant is used to manufacture a drug for the treatment of breast cancer.

“According to Biocad, AstraZeneca has patented an albeit new technology, but it`s not original to specialists. In particular, a packaging, storage and use of the pharmaceutical composition in syringes is an obvious solution, which does not give any unexpected technical result,” explained Maxim Ali, Partner, Head of IP/IT Practice at Maxima Legal for the Delovoy Peterburg newspaper.

On the expert mind, if not to considering the option of amicable settlement of the dispute, Biocad will need to convince the court of the non-obviousness of AstraZeneca’s invention to win, and much will depend on the appointment of expertise or expert testimony.

To read the full article (in Russian) please see the Delovoy Peterburg website >>>