http://www.dailypharm.com/Users/News/NewsView.html?ID=265774&REFERER=NP
D Pharmaceutical, a leading pharmaceutical company in Korea, challenges
the patent of lipolysis injection (Belkaira formulation) of multinational
pharmaceutical company A. Company A, obtained a patent for a source of use, then
filed a measuring patent to adjust the pH, and when the patent was registered,
it was divided and three new patents were registered. AIP attempted patent
avoidance design regarding the measuring patent to adjust the pH, and applied
the legal principle of equality requirements (the principle of task resolution
and conscious exclusion), it was confirmed that the accused invention does not
fall within the scope of its rights because the task to resolve differs from
the patent at issue, and the invention falls under the consciously excluded
parts. Based on the judgment, D Pharmaceuticals was in better position to win over
A’s remaining patents, which were divided from the patent at issue, and it made
a way for entering into the lipolysis injection market, which was mostly
dominated by A company.