Date:15 April 2022
In the first drug patent linkage litigation case in China since
the implementation of the new Patent Law, Chugai Pharmaceutical
Co., Ltd ('Chugai Pharma') v. Wenzhou Haihe Pharmaceutical
Co., Ltd ('Haihe Pharma'), the Beijing Intellectual
Property Court held that the generic drug involved did not fall
within the scope of protection of the Plaintiff's patent.
(Patent linkage refers to the relationship between the market
approval for a generic drug and the patent status of its branded
equivalent.)
The Plaintiff, Chugai Pharma, was the owner of a patent (No.
200580009877.6 ) for the ED-71 preparation, a pharmaceutical
preparation that inhibits certain activity in the Vitamin D
analogue, E-71. It was also the holder of a marketing authorization
for "Eldecalcitol Soft Capsules", approved for the
treatment of Osteoporosis.
