Our firm has represented Chugai Pharmaceuticals Co. Ltd in a lawsuit against generic drug manufacturers seeking permanent injunction based on infringement of Chugai’s manufacturing process patent, in which Tokyo District Court and IP High Court (Grand panel) both already rendered judgements finding infringement of the patent under the doctrine of equivalents.

Our firm has represented Chugai Pharmaceuticals Co. Ltd in a lawsuit against generic drug manufacturers seeking permanent injunction based on infringement of Chugai’s manufacturing process patent, in which Tokyo District Court and IP High Court (Grand panel) both already rendered judgements finding infringement of the patent under the doctrine of equivalents. The generic drug manufacturers filed a petition with the Supreme Court seeking to take an appeal. On March 8, 2017 Supreme Court, the 2nd Bench, issued a decision to take the appeal on the legal issue of doctrine of equivalents and on March 24, 2017 Supreme Court, the 2nd Bench, rendered the judgement dismissing the generic drug manufacturers’ appeal. Thereby, the victory of Chugai in the patent infringement lawsuit has become final. The Supreme Court indicated in the judgement positive attitude toward protection of patented inventions under the Patent Law.