Aequo secured a critically important victory in the court for Dr. Reddy’s Laboratories in a first-of-its-kind litigation involving a biosimilar medical product registered in Ukraine.
The case was brought to the court by a US-based company claiming patent infringement. The lower courts applied the same standard to the biosimilar product as they previously did to generics. As a result, the court granted a preliminary injunction against the biosimilar product of our client. The ruling of the first instance of the court was confirmed by the appellate court. In its appeal to the Supreme Court, Dr. Reddy’s argued that a completely new approach should be applied to hi-tech biosimilar products distinguishing them from generics.
The Supreme Court granted Dr. Reddy’s appeal and cancelled the preliminary injunction in full. As follows from the Supreme Court judgment, a new approach should be applied to biosimilar products different from generic products.