In the appeal, Biochem's compulsory license for baricitinib was preserved. The 10th Court of Arbitration confirmed the decision to grant the Biochem company a compulsory license to use an invention of American Incit Holdings Corporation related to the production of drugs with the INN baricitinib. The American company tried to challenge the decision of the Arbitration Court of the Moscow Region dated July 17, 2026, which granted the biochemist a simple (non-exclusive) license to use the Eurasian patent No. 017218. The Court of Appeal confirmed that the Russian manufacturer's developments have significant technical and economic advantages. In particular, the methods for the production of Bricitinib, which is protected by Biochem's patent, make it possible to increase the purity of the final product, increase the yield of the active substance using the same amount of raw materials and reduce production costs. The court rejected Incit's claims regarding the need to compare the significance of the technical achievements of the two companies. The decision states that Article 2 of Article 1362 of the Civil Code of the Russian Federation does not provide for such a comparison. For the granting of a compulsory license, it is sufficient to prove the technical significance and the significant economic advantages of the dependent invention as well as the impossibility of using it without infringing the rights of a previous patent holder. Also, the appeal recognized the amount of the licensing fee as justified - 2.1% of the actual revenue from the sale of drugs. The court noted that the amount of the payments was determined based on a report by an independent appraiser, and Insit did not provide evidence to refute the calculations. Biochemik reserves the right to use the Incite invention in Russia during the patent protection period, including a possible extension. Eurasian Patent No. 017218 for baricitinib is valid until December 2033.

In the appeal, Biochem's compulsory license for baricitinib was preserved. The 10th Court of Arbitration confirmed the decision to grant the Biochem company a compulsory license to use an invention of American Incit Holdings Corporation related to the production of drugs with the INN baricitinib. The American company tried to challenge the decision of the Arbitration Court of the Moscow Region dated July 17, 2026, which granted the biochemist a simple (non-exclusive) license to use the Eurasian patent No. 017218. The Court of Appeal confirmed that the Russian manufacturer's developments have significant technical and economic advantages. In particular, the methods for the production of Bricitinib, which is protected by Biochem's patent, make it possible to increase the purity of the final product, increase the yield of the active substance using the same amount of raw materials and reduce production costs. The court rejected Incit's claims regarding the need to compare the significance of the technical achievements of the two companies. The decision states that Article 2 of Article 1362 of the Civil Code of the Russian Federation does not provide for such a comparison. For the granting of a compulsory license, it is sufficient to prove the technical significance and the significant economic advantages of the dependent invention as well as the impossibility of using it without infringing the rights of a previous patent holder. Also, the appeal recognized the amount of the licensing fee as justified - 2.1% of the actual revenue from the sale of drugs. The court noted that the amount of the payments was determined based on a report by an independent appraiser, and Insit did not provide evidence to refute the calculations. Biochemik reserves the right to use the Incite invention in Russia during the patent protection period, including a possible extension. Eurasian Patent No. 017218 for baricitinib is valid until December 2033.