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仿制药专利侵权 浙江华海药业被日本第二大药企告上法庭

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  • Time of issue:2016-10-22 15:36
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(Summary description)日前,浙江华海药业股份有限公司(ZhejiangHuahaiPharmaceuticalCo.,Ltd.,下称“华海药业”)和其美国的一系列分支企业日前被来自日本的药品制造商安斯泰来制药株式会社(AstellasPharmaInc.,下称Astellas)以专利侵权为由告上了美国特拉华州联邦地区法院。  近年来,仿制药类产品(GeneticPharmaceuticalProducts)低成本、高疗

仿制药专利侵权 浙江华海药业被日本第二大药企告上法庭

(Summary description)日前,浙江华海药业股份有限公司(ZhejiangHuahaiPharmaceuticalCo.,Ltd.,下称“华海药业”)和其美国的一系列分支企业日前被来自日本的药品制造商安斯泰来制药株式会社(AstellasPharmaInc.,下称Astellas)以专利侵权为由告上了美国特拉华州联邦地区法院。  近年来,仿制药类产品(GeneticPharmaceuticalProducts)低成本、高疗

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2016-10-22 15:36
  • Views:
Information

  日前,浙江华海药业股份有限公司(Zhejiang Huahai Pharmaceutical Co., Ltd.,下称“华海药业”)和其美国的一系列分支企业日前被来自日本的药品制造商安斯泰来制药株式会社(Astellas Pharma Inc.,下称Astellas)以专利侵权为由告上了美国特拉华州联邦地区法院。

  近年来,仿制药类产品(Genetic Pharmaceutical Products)低成本、高疗效的特性迎合了各国政府对于医药成本控制的宗旨,也使其成为了各国制药企业在当今和未来重点发展的领域。然而,伴随强劲的发展势头,相关领域的专利战争也进入了白热化阶段,我国许多放眼于海外的企业也连续遭受到来自各国竞争主体和专利流氓的不断侵扰。

  此次被告的华海药业就是其中之一。根据RPX上可查询的信息显示,华海药业曾7次成为美国联邦地区法院的被告,而原告则是来自德国、日本、以色列和美国的同行。华海药业首次被诉可追溯至2007年6月22日,当时的原告正是全球著名跨国制药企业以色列梯瓦制药工业有限公司(Teva Pharmaceutical Industrial)。另外,其他的几位原告中也不乏制药领域内的巨头企业,如下表所示:

  

华讯

 

  华海创立于1989年,是中国一家集医药制剂和原料药为一体的制药企业,2003年在上交所上市。目前,公司在上海、江苏、杭州等地以及美国设有15家分(或子)公司,共有员工4000多人。此外,华海的制剂通过美国FDA(Food and Drug Administration,美国食品和药物管理局)并拥有ANDA(制仿药的简略新药申请)制剂文号,是目前国内通过FDA、WHO(世界卫生组织)、欧盟、墨西哥等国际主流市场官方认证最多的制药企业之一。此外,华海药业在制剂出口以及国际化发展领域步伐较快,是目前中国为数不多的能够进行大规模、商业化制剂生产及出口欧美市场的制药企业。公司在心血管普利类、沙坦类药物领域拥有核心技术,是全球最大的普利类和沙坦类药物供应商。

  此次一同被告的还有3家华海设于美国的分部:

  华海美国有限公司(Huahai US Inc.),此公司成立于2004年,主要从事准备、制造、推广、以及分销包括另一位被告Prinston的产品在内的药类产品。华海美国为总公司华海提供原料药(Active Pharmaceutical Ingredients, API),同时也通过Prinston对一般剂量成品进行推广。

  成立于2009年的普林斯顿制药(Prinston Pharmaceutical Inc.)是一家美国新泽西州的制药公司。与华海美国一样,Prinston也是浙江华海药业的美国子公司,主营仿制药类产品的研发、注册生产、推广销售以及分销。

  Soclco医疗保健美国有限责任公司(Solco Healthcare U.S. LLC)是Prinston的全资子公司,主要从事Prinston产品的销售和市场推广,和制药领域的相关事宜。

  安斯泰来

  此次的原告,安斯泰来制药集团是日本第二大制药企业,主营泌尿、移植免疫/感染性疾病、肿瘤、神经科学和糖尿病并发症/肾病五个重点研发领域,并拓展了肌肉疾病、眼科两个新的治疗领域。2014年,安斯泰来集团在全球的销售总额达103.94亿美元。

  安斯泰来前身“藤泽商店”成立于1894年,主营杀虫剂,并在1943年正转型为药品制造企业,并更名为“藤泽药品工业”。1971年,藤泽正式将其研发的抗生素“头孢唑啉”拓展至全球市场,并在6年后成立了美国公司。此后,藤泽经历了一系列重组和更名,最终在2005年4月1日成立了安斯泰来制药集团。

  案情浅析

  原告安斯泰来携其美国子公司和爱尔兰分部在起诉书中称,浙江华海、华海美国、普林斯顿制药和Soclco正合作并协助普林斯顿递交至FDA,编号为No.209475的新药申请审批简报(Abbreviated New Drug Application, ANDA),其中包括了对含有米拉贝隆(Mirabegron)化合物作为成分的、用于治疗膀胱过动症(Overactive Bladder)[4]的相关药品的生产、进口、市场推广和销售权利的申请。然而,原告的产品和行为对原告持有的下列4件专利造成了侵犯:

  

华讯

 

  原告还称,已经于9月8日向普林斯顿发出了Notice of Letter (通知函),因此,上述几位被告应当知道原告的身份,以及原告将会在被告收到通知函后的45天内对其发起侵权控诉。

  此外,在救济申请中,原告除了还惯例性地请求法院判定被告的侵权行为、颁布禁止令,以及一系列费用赔偿申请外,还请求法院能够责令被告在原告专利的有效期内不要继续其编号为No.209475的申请。

  法院在收到起诉书的当天便向上述被告发出了传票。然而,原告在17日便请求法院撤回对上述被告的传票。通常情况下,原告此举有两种可能性,一是已经与被告达成了庭外和解,二是原告对此案的被告或专利需要进行进一步的调整。七星天也将持续关注此案的发展。

Electronic

Electronic Arts pledges free use for five accessibility patents

Electronic Arts pledges free use for five accessibility patents Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.  Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version. Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.  The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The code of the mentioned technology is published on EA’s GitHub, and it is open to all developers. Thus, the developers can use it or adapt it for their games without spending the costs to research. It is good that EA shares the patents for free use and aims to create an accessibility-increased gaming environment for players. However, it is not “unconditional” to use the listed patents. In the pledge, EA mentioned that it may terminate the promise for a specific party which files a patent infringement lawsuit or other patent proceedings against EA. We can see parts of EV’s ambition behind the announcement—to build a large game developer league and a community of shared interests.     Reference: https://www.ea.com/commitments/positive-play/accessibility-patent-pledge https://iknow.stpi.narl.org.tw/Post/Read.aspx?PostID=14562 https://www.polygon.com/22639469/apex-legends-electronic-arts-patent-pledge-accessibility-developers https://www.theverge.com/2021/8/24/22638535/ea-accessibility-patent-pledge-apex-legends-ping-system https://www.gamesradar.com/ea-secures-a-patent-for-the-apex-legends-ping-system-and-its-giving-it-away-for-free/ https://dotesports.com/apex-legends/news/apex-legends-ping-system-is-now-patent-free-for-accessibility https://www.nintendolife.com/news/2021/08/apex_legends_ping_system_now_patent-free_as_ea_announces_accessibility_pledge Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.    Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version.   Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.    The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The
2021-10-22
The

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully!

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully! In response to the call for building a strong country with intellectual property rights, at 2 o'clock in the afternoon of October 21, the forum on "China's reform measures related to intellectual property rights and new trends in patent litigation" will be successfully held in Nanjing Jiangbei New District Industrial Technology Research and Innovation Park. The event was hosted by the Science and Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee, Nanjing Jiangbei New Area Industrial Technology Research and Innovation Park, Nanjing Intellectual Property Rights Protection Assistance Center Jiangbei New District Center, Nanjing Huaxun Intellectual Property Consultant Co., Ltd., Nanjing Intellectual Property Co-organized by the Protection Center (Nanjing Intellectual Property Rights Protection Assistance Center), Taiwan Pharmaceutical Development Association, and Gene Online. The director of Nanjing Intellectual Property Protection Center, Mou Xiaojian, delivered a speech. Director Mu expressed his warm congratulations on the holding of this event and introduced in detail the new pattern of intellectual property protection in Nanjing. He said: At present, Nanjing has implemented a rights protection assistance network in the municipal area. With full coverage, Nanjing Intellectual Property Protection Center is willing to closely communicate and interact with Nanjing's innovation entities, and provide relevant public welfare services such as rapid pre-review, rapid rights protection, and comprehensive utilization for enterprises in need. In addition, Huang Funan, CEO of Gene Online, was unable to come to congratulate due to the epidemic, and recorded a congratulatory video. In the video, he said: China Innovative Pharmaceuticals has already made many outstanding achievements on the international stage, and these are inseparable from intellectual property rights. The support of the company can also show the importance of intellectual property rights to biotechnology and pharmaceutical companies. This event invites four industry experts to focus on China's reform measures related to intellectual property rights and new trends in patent litigation, discuss with companies and universities, and make arrangements in advance. Dr. Qingchen Hou, general manager of Nanjing Huaxun Intellectual Property Consulting Co., Ltd., introduced the "Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)" and explained his views from four aspects: background, strategic layout, overall requirements, and organizational guarantees. . Subsequently, a detailed analysis of China's patent linkage system was carried out, and compared with the same types of cases at home and abroad, questions were raised: Why should we reward the first person who successfully challenged patents? Not the first person to file a P4 application? And have a series of discussions with you. Director Jiang Haijun of the Intellectual Property Protection Legal Committee of the Nanjing Lawyers Association gave a speech on three points: the problems after the amendment of the patent law, the enforceability of the amount of compensation, and the legal conflicts related to service inventions. Regarding the patent right evaluation report, he emphasized that the patentee, interested party or accused infringer can also proactively issue a patent right evaluation report. "Patent is a work of art that combines technology and law" is a message shared by Mr. Feng Tao from Jiangsu Junbo Law Firm at this event. Mr. Feng analyzes the big data of Chinese patent litigation cases through graphs and examples. Explore. The last topic of the event was shared by Guo Huangying, Intellectual Property Manager of Nanjing Huaxun Intellectual Property Agency (General Partnership)-China's Patent Infringement Judgment Principles and New Developments. Manager Guo explained to everyone the principles of patent infringement judgment and the necessity of patent infringement search and analysis before producing and selling products. In the intellectual property industry, ECCOM has been providing high-quality and professional comprehensive intellectual property services to enterprises and universities one step at a time. It also hopes that under the leadership of the state and the government, it will contribute to the building of a strong intellectual property nation in China. Make a contribution.
2021-10-22
Types

Types of patents that are easily overlooked- Design Patent

Types of patents that are easily overlooked- Design Patent In recent years, as the public’s awareness of intellectual property has increased, people have begun to consciously use the patent law to protect their intellectual property rights. However, in the process of implementation, they often only focus on invention patent and utility model patent, and tend to ignore the protection of design patent. Recently, Midea sued Haotaitai for two models of CXW-300-D998 and CXW-300-D908 Haotaitai brand range hoods In the case of suspected infringement of its design patent (patent number: ZL201930621598.X), the Guangzhou Intellectual Property Court made a first-instance judgment after hearing that it determined that the two products of Haotaitai constituted infringement, and ordered it to immediately stop the infringement and compensate Midea, The company's economic losses and reasonable expenses totaled 360,000 yuan. In fact, appearance infringement cases have occurred from time to time before, such as: "Molly" blind box design patent case, "Siemens" switch design patent infringement dispute case received a compensation of 6 million yuan, three Casio watch design patents were infringed Received a compensation of 8.8 million yuan and so on. The reason why people ignore the protection of design patents, in the final analysis, is that they have insufficient knowledge of design patents. Today, let's take a look at what is protected by design patents and what rights protections can we apply for? Design patent definition: Article 2 of the "Patent Law", design patent, refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of products, and the combination of color, shape, and pattern. Protected range: The shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product. Protection period: The term of protection for design patent rights is 15 years, calculated from the date of filing. What are the conditions for applying for a design patent? The design should be aesthetically pleasing Appearance patents should be suitable for industrial applications The design patent application should be novel The design patent application should be inventiveness What are the advantages and functions of design patents? Protect the rights and interests of enterprises in product designs and fight against infringements in market competition. To enhance brand value, the quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness. Receive consumer recognition. If a company's new product appearance is filed for a patent in a timely manner, its appearance design will enjoy the exclusive right. Nowadays, consumers often choose products with trendy and beautiful appearance when buying their products. Applying for a design patent is a necessary condition for applying for a high-tech enterprise.
2021-09-26
Colopl

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million   This August, Nintendo and a game developer Colopl announced that they have settled for patent infringement regarding White Cat Project (Shironeko Project in Japanese), a smartphone game developed by Colopl. Although both companies did not publicly share exact details of the settlement, at least it is sure that Colopl agreed to pay 3.3 billion yen (about US$30.2 million) as the settlement fee for the proceedings, including the future license of Nintendo's patents.    How did the battle begin?  Being developed and published by a Japanese game developer, Colopl, White Cat Project is a free-to-play action role-playing game for Android and iOS systems. The mobile game was launched in July 2014 as well as got a television anime adaptation in 2020. It is incredibly popular to have more than 50 million downloads. Furthermore, the game is set to receive a Switch version titled "Shironeko New Project".    In September 2016, Nintendo noted the Colopl's game and considered that the game had infringed on several of Nintendo's technology patents. The two companies communicated with each other for over a year; however, Nintendo did not accept the explanations from Colopl, and Nintendo filed a lawsuit against Colopl at the beginning of 2018.    Nintendo claimed that Colopl infringed 6 of its patents. These patents protect touch-screen joystick functionality (patent no. JP3734820), multiplayer connectivity (patent no. JP5595991, JP6271692), confirmation screens in sleep mode (patent no. JP4010533), character attacks based on touch input locations (patent no. JP4262217), and a shadow effect placed on characters hidden behind the game geometry (patent no. JP3637031).   These patents almost cover various ways of game technology, especially the patent  JP5595991 and JP6271692. Their patent family is wide-reaching, and many divisional applications of the family are pending in Japan. They protect a communication game system and its related devices. It is not easy to detect the patent's existence and boundary since this kind of hardcore technique is so common in the gaming field and our daily lives.     The five-year patent war has been settled.  After a five-year dispute, the situation appeared to turn in Nintendo's favor as the Switch maker increased its monetary demands, which convinced Colopl to strike a deal that lets it use the disputed patents. Furthermore, a Switch version of White Cat Project remains in the works at Colopl.    With the extraordinary losses of Colopl, the legal battle between the two companies came to an end.  
2021-09-09
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