[Ip-health] Philippines rules on Pfizer injunction
james.love at keionline.org
Sun Jan 18 12:45:29 PST 2015
Pfizer wins one in the Philippines.
Supreme Court upholds patent preliminary injunction in Philippines
January 15 2015
Pfizer/Warner Lambert, filed patentsAtorvastatin in various forms, which it
sells under the brand LIPITOR, an anti cholesterol drug. In 2005, Pfizer
took action against Sahar International Trading, Inc. (Sahar), who had
applied for a marketing approval certificate forAtorvastatin Calcium for
sale under its brandATOPITAR. Pfizer claimed that the Atorvastatin Calcium
in its ATOPITAR product was incrystalline form so infringed its patent.
After no response to warnings, Pfizer sought an preliminary injunction in
the Makati Trial Court in 2008. This was refused for somewhat spurious
reasons. Sahar argued the patents were expiring overseas, and its foreign
sourced products could thus be sold. The preliminary injunction was the
subject of the appeal by Pfizer to the Court of Appeal which granted it.
Then in 2014 the Supreme Court heard Sahar's appeal. It said the injunction
was properly granted, the Court of Appeal had found patent infringement and
so the Supreme Court made the injunction permanent, awarded both 8,000 USD
in damages USD and 1200 exemplary damages and also an award for fees and
litigation expenses. It also confirmed the seizure of Sahar’s ATOPITAR.
While not quite up to the damages levels of developed markets, the decision
shows how the Philippines top court covered all the bases in its decision.
The hope is that a clear precedent is now set.
James Love. Knowledge Ecology International
KEI DC tel: +1.202.332.2670, US Mobile: +1.202.361.3040, Geneva Mobile:
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