Korea United Pharmaceutical has won a patent lawsuit against Daewoong Pharmaceutical over Gastiin CR tab, a treatment for indigestion.
The Intellectual Property Trial and Appeal Board (IPT) on Thursday ruled against Daewoong, which had filed a lawsuit against Korea United for patent infringement.
|Gastiin CR tab|
The ruling was about whether to confirm that Daewoong’s patent would apply to Korea United’s Gastiin CR tab. The confirmation would have made it likely to recognize patent infringement.
Immediately responding to Daewoong’s suit, Korea United emphasized that it used its technology to develop Gastiin CR tab.
After a legal battle for more than a year, the IPT ruled that the patent of Korea United and that of Daewoong were two different ones, not eligible for a confirmation of patent infringement.
Separately from the case, the two companies are also engaging in a civil lawsuit over the patent infringement.
“As the IPT concluded that Daewoong and Korea United had different patents, it will be difficult to expect that a civil lawsuit will have a conclusion that Gastiin CR tab infringed the patent of Daewoong,” said Kim Ji-hee, an attorney at Korea United’s intellectual property team.
Gastiin CR tab posted 7.6 billion won ($6.9 million) accumulated outpatient prescription sales by the third quarter this year.
<© Korea Biomedical Review, All rights reserved.>