NEWS & CASES

A case related to the patent for Warner-Lambert pregabalin

http://www.dailypharm.com/Users/News/NewsView.html?ID=264372&REFERER=NP 


AIP, at the Supreme Court appeal case, represented a domestic pharmaceutical company, which filed an invalidation trial of the patent for pregabalin, owed by a worldwide pharmaceutical company, Warner-Lambert (Case No. 2016Hu2317). The appeal was made because the Intellectual Property Tribunals decision was canceled on the grounds that the request for the invalidation trial constitute a request for a duplicative trial. On April 29, 2020, the Supreme Court made its decision four years after the case was pending in the Supreme Court. The case confirmed, for the first time, that the decision on whether or not it is a request for a duplicative trial should be made based on the time of judgment, not the time of request for a trial. Also, it clarified that the principle of determining double jeopardy based on the time of the request is not applied when it needs to determine whether or not it is a duplicative trial. Now, the invalidation trial case is scheduled to return to the Intellectual Property Tribunal and dispute over invalidity.