Oct 12, 2018

Filing of Lawsuit on Patent Infringement Concerning Herceptin® Injection, and a Petition for Provisional Disposition Order (1)

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
President & CEO: Tatsuro Kosaka
Inquiries to: Masahiko Uchida,
General Manager, Corporate Communications Dept.

October 12, 2018 (Tokyo) -- Chugai Pharmaceutical Co., Ltd. announced that it has filed a lawsuit to the Tokyo District Court as of October 12, and has also filed a petition for provisional disposition order, demanding the suspension of manufacturing and distribution of the biosimilar of anti-HER2 monoclonal antibody Herceptin® Injection 60 and 150 (Herceptin® Injection), against Daiichi Sankyo Co., Ltd., the marketing authorization holder of the biosimilar of Herceptin® Injection, citing such party’s infringement of the application patent owned by Genentech, a member of the Roche group, as the ground.

Genentech is a patent holder and Chugai is the exclusive licensee of Herceptin® Injection. Both are the co-plaintiff of the lawsuit.

Herceptin® Injection is an anti-cancer agent, using anti-HER2 monoclonal antibody trastuzumab (genetical recombination), which Genentech has created. Herceptin® Injection is indicated for the treatment of breast cancer that overexpresses HER2, and advanced or recurrent gastric cancer overexpressing HER2 not amenable to curative resection.

As a company that aims to provide innovative drugs, we regard intellectual property rights that protect products and technologies resulted from research and development as a very important asset. Chugai will deal rigorously with any acts that violate them, including taking legal actions.

There is no impact on Chugai’s financial prospects for this matter at this stage.

Trademarks used or mentioned in this release are protected by law.


  • For Media
  • Chugai Pharmaceutical Co., Ltd.
  • Media Relations Group, Corporate Communications Dept.,
  • Tomoko Shimizu
  • Tel: +81-3-3273-0881
  • E-mail: pr@chugai-pharm.co.jp
  • For Investors
  • Chugai Pharmaceutical Co., Ltd.
  • Investor Relations Group, Corporate Communications Dept.,
  • Toshiya Sasai
  • Tel: +81-3-3273-0554
  • E-mail: ir@chugai-pharm.co.jp
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