Daewoong Pharmaceutical said Tuesday that the recent dismissal of the patent lawsuit against Korea United Pharmaceutical’s Gastiin CR, a treatment for indigestion, will not affect the civil suit between the two companies.
Gastiin CR tab is an incrementally modified drug (IMD) of Daewoong’s Gasmotin. The drug has improved convenience by replacing the dosage of the Daewoong’s drug from three times a day to once a day.
The Intellectual Property Trial and Appeal Board (IPT) dismissed Daewoong suit, which was to confirm whether Daewoong’s patent would apply to Korea United’s Gastiin CR, last Thursday.
At the time, Korea United argued that since the IPT concluded that the patents of Daewoong and Korea United are different, it will be hard to prove Gastiin CR infringed on Daewoong's patent in the civil lawsuit.
A Daewoong official said, however, “The IPT’s ruling will not affect the civil lawsuit between our company and Korea United Pharmaceutical as the suit was to confirm only the scope of the patent. The dismissal of the suit only implies that the scope of the patent does not apply to Korea United’s Gastiin CR tab.”
Daewoong rebuttal comes after the company received sales approval for Gasmotine SR Friday, which is also an IMD of Gastomine and has the same dosage intake as Gastiin CR.
The two companies have been fighting since Korea United filed a lawsuit last year to confirm that Gastiin CR does not infringe on any of Daewoong’s patents.
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