Case Brief

The petitioner Takeda Pharmaceutical Co., Ltd. is the patentee of the patent for invention entitled "Dipeptidyl peptidase inhibitors", with the patent number ZL201110006009.X. The patent right involved in the case is legal and valid when the petitioner filed a request for infringement dispute resolution.

The petitioner claims that the respondents, J&K Scientific Ltd. and Beijing MREDA Technology Co., Ltd., respectively committed behaviors of offering to sell infringing products without permission. The petitioner believes that the behaviors of the above-mentioned respondents have infringed on the patent right for invention thereof, and filed a request for resolution with the Beijing Intellectual Property Office, requesting the respondents to stop behaviors of offering to sell infringing products involved in the case. Beijing Intellectual Property Office placed the case on file according to law on July 18, 2022. J&K Scientific Ltd. argues that it is unaware that the compound displayed thereby infringes on the intellectual property of the petitioner, has taken all related products off shelf, and promises not to offer to sell related products until it obtains legal qualifications for marketing. Beijing MREDA Technology Co., Ltd. argues that the official website thereof only displays patented chemical reagents involved, which does not constitute a true infringement behavior, and has removed and deleted the relevant chemical reagents from the official website thereof.

Upon trial, Beijing Intellectual Property Office believes that the products offered to sell on the relevant website of J&K Scientific Ltd. with CAS No. 850649-62-6 and a Chinese common name of Alogliptin benzoate fall within the protection scope of claims 1-3 of the patent involved in the case. The products offered to sell on the relevant website of Beijing MREDA Technology Co., Ltd. with CAS No. 850649-61-5 and a Chinese common name of Alogliptin fall into the protection scope of claims 1 and 2 of the patent involved in the case. The two respondents have the behaviors of offering to sell the products involved in the case. On November 2, 2022, Beijing Intellectual Property Office made an administrative adjudication for the two cases, ordering the respondents to stop offering to sell the infringing products involved in the case.

Expert's comments

The cases involve the infringement dispute over a patent for medical invention for the treatment and prevention of diabetes. In order to investigate the technical facts, Beijing Intellectual Property Office has assigned a technical investigation officer to issue an investigation opinion. The panel carefully makes an evaluation, provides clear technical facts, considers the evidence comprehensively, and makes a final conclusion that is professional and scientific. The petitioner is a Japanese pharmaceutical company, and the handling of the case reflects an equal treatment to domestic and foreign enterprises in intellectual property protection in China, which is conducive to building a fair market competition environment and continuously optimizing the business environment (Deputy Secretary General of Beijing Intellectual Property Judicial Protection Association: YI Penghua).

(Source: website of CNIPA)