BRIEF—Court dismisses patent lawsuit concerning Edirol Capsules

Japanese drugmaker Chugai Pharmaceuticals, which is majority-owned by Roche, says that the Intellectual Property High Court has rendered judgment to dismiss the plaintiff’s appeal filed on June 9, 2022, regarding generic drugs to an osteoporosis agent, active vitamin D3 derivative Edirol (eldecalcitol) Capsule 0.5µg/0.75µg.

Reasons for the action and circumstances of the judgment

On February 17, 2020, Sawai and Nichi-Iko respectively obtained approval from the Ministry of Health, Labor and Welfare for their generic drugs to Edirol Capsule distributed by Chugai.

Chugai alleged that the generic drugs to Edirol Capsule infringe its use patent right (patent number 5969161) which is for pharmaceutical composition for suppressing forearm fractures, and filed patent infringement lawsuit with the Tokyo District Court based on its right seeking injunction of manufacturing, importing, transferring, and offering of any transfer regarding the generic drugs, and disposal of stock.

The Tokyo District Court rendered judgment to dismiss the plaintiff’s claim.

Against this decision, Chugai appealed to the Intellectual Property High Court on June 9, 2022.

Today, the Intellectual Property High Court rendered judgment to dismiss the plaintiff’s appeal.