COURT RULES IN FAVOR OF CHUGAI IN PATENT DISPUTE

Chugai Pharmaceutical has announced that Japan's Intellectual Property High Court ruled in favor of Chugai in a patent infringement suit and a patent invalidation suit involving Ajinomoto, another Japanese pharmaceutical company.

Ajinomoto filed a patent infringement suit with the Tokyo District Court in 2004 against Chugai alleging that a process patent owned by Ajinomoto was infringed on by Chugai in its manufacturing of Epogin (epoetin alfa) and Neutrogin (lenograstim). The court dismissed the claim in March 2006. Separately, the patent was declared to be invalid by the Japanese Patent Office in September 2005 after Chugai filed for patent invalidation. Ajinomoto appealed both decisions.

The recent ruling by the Intellectual Property High Court upholds Chugai's position regarding the invalidity of the subject patent as well as the absence of patent infringement.

Epogin is marketed elsewhere by Roche as Epogen, a treatment for anemia. Neutrogin is used to treat neutropenia.