NEWS & CASES

A case related to the patent for treatment of gastrointestinal stromal tumor

http://www.dailypharm.com/Users/News/NewsView.html?ID=249142&REFERER=NP 


Regarding the use patent for treatment of gastrointestinal stromal tumor, a second medical use of Gleevec owned by N company, a multinational pharmaceutical company, AIP elicited a decision of invalidation from the Intellectual Property Trial and Appeal Board, representing two mid-sized businesses in South Korea, I and C company. The case was lost at the Patent Court of Korea because its judge panel erroneously applied a legal principle on inventive step of medical use invention. However, AIP obtained a decision of remand after quashing from the Supreme Court after a three-year-long hearing, in which AIP had convinced the Supreme Court’s judge panel by developing delicate legal principles on prior art’s description, problems occurring from the combination of prior arts, the effect predictability, and others. Eventually, AIP helped the pharmaceutical companies win the case, and the Supreme Court’s decision became an important decision that ruled on legal principles for judging inventive step of a medical use invention.