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Court Rules with Debiopharm in Patent Suit

By Andrew Berg | March 7, 2016

Debiopharm International SA (Debiopharm), part of Debiopharm Group, a Swiss-based global biopharmaceutical company today announced that the Tokyo District Court granted Debiopharm an overall victory for the first instance demanding the suspension of patent infringement of the formulation patent owned by Debiopharm (Patent N- 4430229) related to Elplat (Oxaliplatin) Drip Infusion of 50, 100 and 200 mg a treatment drug for cancer.

The Court ruled that the sale of the generic version of the cancer drug by Nippon Kayaku Co., Ltd. (Nippon Kayaku) infringed Debiopharm’s Japanese patent.

Debiopharm filed a patent infringement law suit with the Tokyo District Court on May 8th, 2015 against Nippon Kayaku, the distributor of the generic version of Elplat treatment.

The judgement put into effect a provisional disposition order for Nippon Kayaku to suspend the distribution of products.

Twelve other pending infringement actions were also filed by Debiopharm against all the generics companies that started to commercialize their generic version of Elplat in 2015.

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