Chugai Pharmaceutical Co., Ltd. announced that the Intellectual Property High Court has today rendered judgment to dismiss the plaintiff’s appeal filed on June 9, 2022, regarding the generic drugs to an osteoporosis agent, active vitamin D₃ derivative Edirol^® Capsule 0.5µg / 0.75µg (generic name: eldecalcitol, hereafter, Edirol Capsule).

1. Date of Complaint and Judgment
   May 29, 2020 Filed complaint to the Tokyo District Court
   May 27, 2022 Rendered judgment by the Tokyo District Court
   June 9, 2022 Filed appeal to the Intellectual Property High Court
   December 13, 2022 Rendered judgment by the Intellectual Property High Court
2. Reasons for the Action and Circumstances of the Judgment
   

   On February 17, 2020, Sawai and Nichi-Iko respectively obtained approval from the Ministry of Health, Labour and Welfare for their generic drugs to Edirol Capsule distributed by Chugai. Chugai alleged that the generic drugs to Edirol Capsule infringe its use patent right (patent number 5969161) which is for pharmaceutical composition for suppressing forearm fractures, and filed patent infringement lawsuit with the Tokyo District Court based on its right seeking injunction of manufacturing, importing, transferring, and offering of any transfer regarding the generic drugs, and disposal of stock. The Tokyo District Court rendered judgment to dismiss the plaintiff’s claim. Against this decision, Chugai appealed to the Intellectual Property High Court on June 9, 2022. Today, the Intellectual Property High Court rendered judgment to dismiss the plaintiff’s appeal.

3. Defendants
   
   1. Name: Sawai Pharmaceutical Co., Ltd.
      Address: 5-2-30, Miyahara, Yodogawa-ku, Osaka, Japan
   2. Name: Nichi-Iko Pharmaceutical Co., Ltd.
      Address: 1-6-21 Sogawa, Toyama City, Toyama Prefecture, Japan
4. Prospects
   No changes are expected to Chugai’s financial prospects at this point. We will consider future measures based on the contents of the judgment.