Showing posts with label invalidity. Show all posts
Showing posts with label invalidity. Show all posts

Patent and Drug Marketing Approval (MA) linkage in Korea

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As of March 15, 2015, the new Pharmaceutical Act was implemented for the Korean version of HWA of patent drug market approval (MA) linkage. ...

The Korean Supreme Court sided with Canon in Patent Infringement Lawsuits

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Canon brought many legal actions against several Korean companies. Recently the Korean Supreme Court affirmed lower court decisions for the ...

BMS sued Korean pharmaceutical companies alleging patent infringement of entecavir compound patent and low dose formulation patent

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Baraclude tablets are a blockbuster drug of BMS that has been sold for the treatment of chronic hepatitis B virus infection in Korea. BMS ...

IPT Decided One of 2 Patents on Herceptin (trastuzumab) Listed in Green List of KFDA as being Invalid

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Roche launched Herceptin for the treatment of HER2-positive metastatic breast cancer in Korea. And Celltrion, a Korean Pharmaceutical compa...

Benefits on Prior Art Search to Korean Language Documents in ICT Fields

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Korea becomes one of the largest pools of patent publications in the world. In every year, KIPO receives over 350,000 domestic patent appli...

Benefits on Prior Art Search to Korean Language Documents

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Korea becomes one of the largest pools of patent publications in the world. In every year, KIPO receives over 350,000 domestic patent appli...

Basics on Preliminary Injunction Lawsuits in Korea

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Preliminary actions to preserve rights are designed to either temporarily preserve the current state or to form a preliminary state. The p...

POSCO v. Nippon Steel re: Patent Disputes and Invalidity Proceedings in Korea

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In 2012, Nippon Steel & Sumitomo Metal (NSSMC) sued POSCO at the Tokyo District Court alleging patent infringements on technology for g...

Menarini’s Priligy (Dapoxetine HCl) Use Patent held Not Valid as being Obvious

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Menarini launched Priligy in Korea. Dapoxetine HCl is the active ingredient in Priligy tablets. Korean patent No. 719, 977 covers the brand...

Low Dose Entecavir Formulation in Korean Patent held as being Obvious by the IPT of KIPO

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Entecavir is the active ingredient in Baraclude tablets of BMS. The drug has been sold for the treatment of chronic hepatitis B virus infe...

Pfizer’s Victory in Lyrica® Patent Infringement Lawsuit in Korea

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Based on Pfizer’s Lyrica patent, Korean courts granted preliminary injunctions for patent infringement against two Korean pharmaceutical co...

Check Points & Actions Must Be Considered Before Enforcement Actions

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Patented claims must be valid and infringed in theory. However such claims are not common in reality. Accordingly a patentee must check str...

Defenses of Defendant

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Invalidity Defense It is well settled that in case the patented invention lacks novelty over the prior art, the patent is unenforceable....

Bifurcation – Separation of Infringement and Validity

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Korea has bifurcated system that allocates decision power to separate authorities. Patent Infringement Issue and Patent Invalidity Issue mu...