http://medipana.com/news/news_viewer.asp?NewsNum=221724&MainKind=A&NewsKind=5&vCount=12&vKind=1
T company owned the patent for the tablet of ophthalmic nutritional supplements registered in a patent list of the Ministry of Food and Drug Safety. More than ten companies in South Korea, which intended to obtain exclusivity, filed a patent invalidation trial against T company, and more than ten cases, including a trial for confirming the scope of the right and for requesting a prohibition against patent infringement, were conducted at the same time. AIP represented T company in the trials and won the case at the Supreme Court by defeating all claims of generic companies that they deny the right with invalidation-related arguments, state-of-the-art technology, deliberate exclusion, public use prior to application, lack of description of the specification and by eliciting a ruling on patent infringement through an application of the doctrine of equivalent to numerical limitation invention. This is a case in which a patent-holding company, in addition to maintaining exclusive rights by defending against generic company’s challenge, successfully defended against patent infringement claims so that the patent holder could be protected from various aspects, resulting in a big victory for the patent holder.

