NEWS & CASES

A case related to the patent for the MRI contrast medium composition

https://www.kpanews.co.kr/article/show.asp?idx=195890&table=article&category= 


A mid-sized company, T company, filed an invalidation trial against a multinational pharmaceutical company, B company, to obtain exclusivity, and B company subsequently filed a patent infringement trial against T company. The patent at issue was for the invention of the contrast medium composition, which contained an active ingredient limited by purity. AIP, representing T company, developed legal principles for judging patentability of purity limitation product invention, and logics relating to the issue about whether processes for manufacturing should be considered when it is limited by purity. As a result, AIP successfully invalidated the patent at issue and, from the infringement litigation, and overcome legal principles on the presumption of manufacture by patented process regarding a patent for manufacturing method patent of an unusual thing, which resulted in a ruling of non-infringement. After this, T company obtained the exclusivity and could execute products without any restriction so that they became able to overcome all patent-related obstacles to manufacture and sell generic products.