HolleyPharm Patent Infringement Lawsuit Takes Favorable Turn
This article was originally published in PharmAsia News
The Patent Re-examination Board of the State Intellectual Property Office of the P.R.C. has given its verdict on the copyright infringement case of Holley Pharmaceuticals (Chongqing) against Chongqing Jianqiao Pharmaceutical Development's product (PharmAsia News, July 28, 2008). SIPO decided that Chongqing Jianqiao's dihydroartemisinin patent lacks creative innovation, thus has ruled in favor of HolleyPharm's subsidiary Beijing Holly-Cotec Pharmaceuticals application for declaring the patent invalid. The judgment will serve as evidence for HolleyPharm's copyright lawsuit appeal to Chongqing Higher People's Court. (Click here for more - Chinese Language)
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Chongqing Intermediate People's Court has declared Holley Pharmaceuticals (Chongqing) guilty of infringing on Chongqing Jianqiao Pharmaceutical Development's copyright. It ordered HolleyPharm to stop production of its Duo-Cotecxin (dihydroartemisinin) tablets immediately and destroy any drugs produced before the ruling, as well as pay Chongqing Jianqiao 1 yuan for economic losses. HolleyPharm has indicated it will appeal to Chongqing Higher People's Court but states that there will be little impact on its overseas drug production and sales even if the future ruling remains the same. According to the company, Duo-Cotecxin revenue in China makes up only 1 percent of its total income. (Click here for more - Chinese Language)
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