Intellectual Property High Court Judgement regarding the Description Requirement and Correction Requirement for a Use Limitation in Pharmaceutical Inventions
Mr. Nobuyuki Kashiwa’s article “Intellectual Property High Court Judgement regarding the Description Requirement and Correction Requirement for a Use Limitation in Pharmaceutical Inventions (2020 (Gyo-Ke) 10135; "Pregabalin Case"” was published in AIPPI Japan Journal (Vol. 48 No.2 2023).
Recently, development of original drugs has become far more difficult than before and, in Japan, the further dissemination of generics has been required as a national policy. Under these circumstances, it is not uncommon to find severe patent disputes between originator drug pharmaceutical companies and generic drug pharmaceutical companies.
The case introduced here is such a case, in which Warner-Lambert Co LLC ("Plaintiff / Patentee Warner-Lambert")sought rescission (the "Lawsuit") against the decision rendered by the Japan Patent Office ("JPO") in the invalidation trial of Patent No. JP 3693258 (the "Patent"; its description referred to as "Description"; and the invention claimed therein referred to as the "Invention") directed to the analgesic drug LYRICA® (general name: pregabalin), which is manufactured and sold by Pfizer.
AIPPI (2023) Vol.48 No.2 ［PDF］
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