Mar 24, 2017
|Name of listed company:||Chugai Pharmaceutical Co., Ltd.|
|Code number:||4519 (1st Section of Tokyo Stock Exchange)|
|Head office:||1-1, Nihonbashi-Muromachi 2-Chome, Chuo-ku, Tokyo|
|Chairman & CEO:||Osamu Nagayama|
|Inquiries to:||Masahiko Uchida,
General Manager, Corporate Communications Dept.
March 24, 2017 (Tokyo) -- Chugai Pharmaceutical Co., Ltd. announced its final victory in a lawsuit in which Chugai sought injunction against generic drug manufacturers based on infringement of the process patent (Patent No. 3310301; hereinafter referred to as “Patent”) on “OXAROL® Ointment 25 μg/g” (hereinafter referred to as OXAROL Ointment), a Chugai's drug for treatment of keratosis including psoriasis vulgaris. On March 24, the Supreme Court rendered a judgment dismissing the appeal by the generic companies, thereby Chugai’s victory in this lawsuit has become final.
The Supreme Court made a decision to take the appeal petitioned by the generic companies and rendered the judgment to dismiss the appeal from the decision of Intellectual Property High Court. Thereby, Chugai’s victory in the lawsuit seeking injunction of the generic products has become final. Chugai is now seeking recovery of damages caused by the infringement of Patent against 3 generic companies in a lawsuit at Tokyo District Court.
Meanwhile, the lawsuit above is expected to be negligible on the business performance of Chugai.
About Acceptance of Appeal by the Supreme Court
It is rather rare for the Supreme Court to accept an appeal from petitions. However, since this case involves an important legal issue relating to the doctrine of equivalents on the Patent Act, the Supreme Court accepted the appeal and expressed the expertise on the legal issue through the court ruling. For the conclusion of the case, the Supreme Court affirmed the judgment by the Intellectual Property High Court, and dismissed the appeal of the generic companies.
About OXAROL® Ointment
OXAROL Ointment is a drug with the active ingredient, “maxacalcitol,” an active vitamin D3 derivative created by Chugai for treatment of keratosis, and has been approved for 4 indications, which are psoriasis vulgaris, ichthyosis group, palmoplantar keratosis, and palmoplanter pustulosis.
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