Date:
In the first drug patent linkage litigation case in
The Plaintiff,
When it registered the above-mentioned patent and pharmaceutical product on the Chinese Marketed Drug Patent Information Record Platform, it found that the Defendant, Haihe Pharma, had applied to the national medical products administration for a marketing authorization in relation to a generic drug: "Eldecalcitol Soft Capsules" and made a Category 4.2 statement on the Chinese Marketed Drug Patent Information Record Platform to the effect that its generic drug did not fall within the protection scope of any relevant patent right.
After trial, the Court held that the technical solution used in the generic drug involved in this case was neither the same as nor equivalent to the technical solution in Claim 1 of the Plaintiff's patent; therefore, the generic drug did not fall within the scope of Claim 1 of the patent. As Claims 2-6 are subordinate claims to Claim 1, it could not fall within the scope of those claims either. Accordingly, the Court did not support the Plaintiff's claim.
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