Chugai Pharmaceutical Co., Ltd. announced today that the Intellectual Property High Court granted judgments in favour of Chugai in a patent infringement suit and a revocation suit against a trial decision by the Japanese Patent Office, both filed by Ajinomoto Co., Inc.
Ajinomoto filed a patent infringement suit with the Tokyo District Court in April 2004 against Chugai, alleging that a process patent owned by Ajinomoto (hereafter, "the subject patent") has been infringed upon by Chugai in its manufacturing prescription pharmaceuticals, "Epogin" and "Neutrogin".
The Tokyo District Court rendered judgment in March 2006 to dismiss the claim. Separately, the subject patent was declared to be invalid by the Japanese Patent Office in September 2005 in a trial for invalidation which Chugai had filed. Ajinomoto then appealed from the judgment by the Tokyo District Court and the trial decision by the Japanese Patent Office to the Intellectual Property High Court, where review has been under way.
The judgments by the Intellectual Property High Court upheld Chugai's position regarding the invalidity of the subject patent as well as the absence of patent infringement by Chugai, following decisions by the Japanese Patent Office and the Tokyo District Court. Chugai would like to express its deep respect toward these consistent, appropriate and fair decisions, and renew its determination to conduct its business activities with due deference to intellectual property rights of others.