● SK chemicals Succeeds in Defending Against Indiscriminate Patent Attack by Multinational Company
- SK chemicals wins the lawsuit filed by Novartis for patent infringement in 2012
- Lawsuit claimed that SK’s Alzheimer’s disease treatment patch infringed its patent
- SK chemicals successfully defends itself against the patent attack by the multinational pharmaceutical company
SK chemicals disclosed on 15 May 2014 that it has won the lawsuit filed by Novartis for the infringement of its patent.
The Civil Case Department #13 of the Seoul Central District Court ruled that SK chemicals did not infringe Novartis’ patent and dismissed Novartis’ charge in the lawsuit to prevent patent infringement and claim for compensation filed by Novartis in August 2012.
The two patents which Novartis claimed had been infringed in the lawsuit were invalidated by the Korean Intellectual Property Tribunal in December 2013 and January this year.
The legal case concerned Rivastigmine, which is known to be effective in treating Alzheimer’s disease, and Exelon Patch, which contains Rivastigmine. At the time of the lawsuit, SK chemicals was applying a differentiated technology to the development of the SID710 Patch, which is not a simple generic drug of Exelon Patch. In fact, SK chemicals applied its experience in the development of Trast, the world’s first patch for the treatment of arthritis.
At that time, Novartis claimed that SK chemicals had infringed its patent for Rivastigmine and Exelon Patch and filed the lawsuit in order to prevent further patent infringement and claim compensation in August 2012. Following this, Novartis filed for an injunction to prohibit the patent infringement and received a 3-day provisional disposition in November of the same year.
The industry argued that the lawsuit was an irrational attempt by Novartis, which has virtually monopolized the global market for Alzheimer’s treatment patches, to block market entry by a newcomer in order to maximize its profits.
“The case is significant in that it was a successful defense against a patent attack by a multinational pharmaceutical company. We will not only strengthen our R&D capability to enter the global markets but will also prepare thoroughly to win any future legal battles over patents,” declared Lee In-seok, CEO of SK chemicals.
The SID710 Patch produced by SK chemicals has successfully entered the European market. This court ruling is also significant in that it has set the legal basis for SK chemicals to establish a stable position in the market and to become a major force in medicine for senior citizens, who are expected to make up a significant portion of the market in the future as life expectancy is prolonged and interest in senior citizens’ welfare increases.
Currently, SK chemicals exports SID710 to twenty European countries including the UK and Germany, and plans to extend its market to the Americas. It is scheduled for introduction in the domestic market in the second half of this year.