Prosecution investigates Daewoong Pharmaceutical for abuse of patent rights

Daewoong Pharmaceutical Main Office in Seoul

Daewoong Pharmaceutical was recently fined 2,297 million won by the Fair Trade Commission. The company is now under the microscope of prosecutors for filing an unfair patent infringement lawsuit against a rival company.

The prosecution is investigating Daewoong for obstructing a competitor’s generic drug sales by filing a patent infringement lawsuit even though it knew the competitor had not infringed its patent. The company is also suspected of manipulating test data while filing a patent for a new drug.

Daewoong Pharmaceutical holds a patent on the digestive medicine “Albis”. He is suspected of interfering with the competitor’s business by filing an unfair patent complaint when a generic drug came out after its patent on Albis expired in January 2013, according to the Fair Trade Commission.

Daewoong Pharmaceutical filed an injunction in December 2014 to prohibit its competitor Pharvis Korea from infringing its patent. She obtained the generic drug from Phavis Korea before filing a lawsuit and knew her patent had not been infringed. Nonetheless, he filed a complaint for obstructing sales of the generic drug by Phavis Korea. In a January 2015 call for tenders from a large hospital, Daewoong sought to deal Phavis Korea a blow by claiming that sales of a drug that is the subject of a lawsuit could be halted in the future.

Daewoong Pharmaceutical has also used a litigation delay strategy to delay the entry of its competitor into the market as much as possible. For example, he submitted test data unrelated to the prosecution to the court. The company failed to prove patent infringement and lost the case in May 2015. Phavis Korea struggled with its business operations for several months, according to the Fair Trade Commission.

Daewoong Pharmaceutical is also suspected of committing an illegal act in the process of releasing Albis D, the successor to Albis, in February 2015. The FTC has found that Daewoong has inflated the number of biological equivalency tests that it has he performed three to five while filing for a patent on Alvis D. The commission found that the company had also tampered with the test data.

According to the Fair Trade Commission, Daewoong Pharmaceutical filed another patent infringement action against Ahn-gook Pharmaceutical in December 2016 with the aim of hindering sales of its generic drug, even though it obtained a patent on the drug. ‘origin by manipulating its test data. Daewoong is believed to have hampered Ahn-gook’s sales activities for 21 months by disseminating information about his lawsuit against Ahn-gook to customers such as hospitals and wholesalers.

“It is an abuse of patent rights to take legal action only to hamper the business of a competitor, knowing that there is no chance of winning the case,” an official said. FTC. “Fair trade watchdogs in foreign countries, including the United States, regulate this type of abuse of patent rights. It is unfair to sue for patent infringement after deceptively registering a patent with falsified data. “

Meanwhile, a legal dispute between Daewoong Pharmaceutical and Medytox over botulinum toxin is still far from over. The dispute began in June 2016 when Medytox filed a lawsuit against Daewoong Pharmaceutical in the United States, claiming that Daewoong had stolen its botulinum toxin strains. Medytox claimed that Daewoong illegally used the company’s strains and stole technical documents on manufacturing processes to develop Nabota (Jeauveau in the US market). Medytox filed a lawsuit against Daewoong with the Seoul Central District Court in October 2016 and sued the company before the United States International Trade Commission (ITC) in January 2019.

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