Aequo has successfully represented Darnitsa, a leading Ukrainian pharmaceutical company, in a patent cancellation dispute against Zdorovye, another major Ukrainian pharma manufacturer.
The disputed patent relates to the use of L-arginine L-glutamate as the pharmaceutical composition with hepatoprotecting and detoxifying activity (Glutargin medicinal product).
The matter was considered by commercial courts and finally resolved by the Supreme Court ruling in favour of Darnitsa and confirming a key Zdorovye patent invalid. The ruling of the Supreme Court is final and not subject to any further appeal.
Darnitsa initiated the proceedings back in 2015, claiming that Zdorovye patent for invention protecting use of certain pharmaceutical composition lacked novelty – it was disclosed prior to the application's filing date in the instructions for medical use of Glutargin).The case was complicated by hotly debated issues on numerous expert reports which addressed the patentability criteria of the disputed patent, third expert report requested at the stage of appeal, summoning the experts to testify.