Patent Infringement Litigation and Claims for Damages Concerning Pharmaceutical Ingredients
First written in FY2016-Q2. 3 of 9 entries say "Restated". Latest entry: FY2019.
- FY2019DroppedAnnual reportThe disclosures on business and other risks and operating results for the fiscal year contain no specific reference to the past patent infringement litigation or action for damages.
- FY2018-Q2RestatedAnnual report
「Litigation-related expenses 7,262」
Litigation-related expenses of ¥7,262 thousand were recognized as an extraordinary loss during the cumulative second quarter of the fiscal year. - FY2017RestatedAnnual report
「On 27 July 2017, the Tokyo District Court handed down a judgment, with a declaration of provisional execution, ordering 3 manufacturing and sales companies, including 岩城製薬, to pay total damages of ¥1,069,185 thousand plus 5% late-payment interest. Neither the 3 manufacturing and sales companies, including 岩城製薬, nor the plaintiff appealed the judgment, which therefore became final.」
The full-year report also confirmed that, following the Supreme Court's final determination of the patent infringement, the judgment in the action for damages became final and ¥404,811 thousand was recognized as an extraordinary loss. - FY2017-Q3MaterialisedAnnual report
「On 27 July 2017, the Tokyo District Court handed down a judgment, with a declaration of provisional execution, ordering 3 manufacturing and sales companies, including 岩城製薬, to pay total damages of ¥1,069,185 thousand plus 5% late-payment interest. Neither the 3 manufacturing and sales companies, including 岩城製薬, nor the plaintiff appealed the judgment, which therefore became final. Accordingly, the 3 manufacturing and sales companies, including 岩城製薬, paid the plaintiff the damages and late-payment interest on 3 August 2017. As a result, the Company recognized ¥404,811 thousand in damages as an extraordinary loss for the cumulative third quarter of the consolidated fiscal year.」
The Tokyo District Court judgment in the action for damages became final, the damages and other amounts were paid, and ¥404,811 thousand was recognized as an extraordinary loss. - FY2017-Q2MaterialisedAnnual report
「The Company's consolidated subsidiary 岩城製薬株式会社 (hereinafter, 岩城製薬) was sued by Chugai Pharmaceutical Co., Ltd. on 19 February 2013 for patent infringement concerning the raw material for Maxacalcitol ointment, a treatment for keratosis disorders such as psoriasis vulgaris, which it had marketed since 14 December 2012. The action was brought against 4 companies in total, comprising 3 manufacturing and sales companies, including 岩城製薬, and the raw-material importer. Following proceedings before the Tokyo District Court and the Intellectual Property High Court, the Supreme Court handed down a judgment dismissing the appeal on 24 March 2017, confirming the patent infringement. In connection with this patent infringement litigation, Chugai Pharmaceutical Co., Ltd. filed an action for damages on 10 August 2015 against 3 manufacturing and sales companies, including 岩城製薬. Oral proceedings concluded on 13 April 2017, and the case is currently awaiting judgment.」
The patent infringement was confirmed when the Supreme Court dismissed the appeal, and the action for damages had concluded oral proceedings and was awaiting judgment. Its impact on consolidated results continued to be described as indeterminate. - FY2017-Q1WorsenedAnnual report
「Acceptance of the final appeal was decided on 8 March 2017, and a judgment dismissing the appeal was handed down on 24 March of the same year. The impact of this judgment on the Company's consolidated results is minor. Products using the raw material concerned were discontinued pursuant to a provisional disposition issued by the Tokyo District Court on 25 February 2015. From 15 October 2015, the products have been manufactured and sold using raw materials produced by a process outside the scope of the litigation. In connection with this patent infringement, Chugai Pharmaceutical Co., Ltd. filed an action for damages on 10 August 2015 against 3 manufacturing and sales companies, including 岩城製薬. The case remains at the stage of preparations for oral proceedings.」
The Supreme Court dismissed the appeal, resulting in an unfavorable conclusion in the final appeal of the patent infringement litigation. Meanwhile, the action for damages remains pending, and its impact on results is described as indeterminate. - FY2016RestatedAnnual report
「On 25 March 2016, the Intellectual Property High Court handed down a judgment rejecting the claims of 4 companies, including 岩城製薬. Dissatisfied with the judgment, the 4 companies, including 岩城製薬, filed a petition with the Supreme Court for acceptance of a final appeal on 7 April 2016.」
The full-year disclosure also reported the petition for acceptance of a final appeal following the Intellectual Property High Court judgment, the switch to a manufacturing process outside the scope of the litigation and the continuation of the action for damages. - FY2016-Q3WorsenedAnnual report
「On 25 March 2016, the Intellectual Property High Court handed down a judgment rejecting the claims of 4 companies, including 岩城製薬. Dissatisfied with the judgment, the 4 companies, including 岩城製薬, filed a petition with the Supreme Court for acceptance of a final appeal on 7 April 2016. Products using the raw material concerned were discontinued pursuant to a provisional disposition issued by the Tokyo District Court on 25 February 2015. From 15 October 2015, the products have been manufactured and sold using raw materials produced by a process outside the scope of the litigation. In connection with this patent infringement, Chugai Pharmaceutical Co., Ltd. filed an action for damages on 10 August 2015 against 3 manufacturing and sales companies, including 岩城製薬. The case is currently at the stage of preparations for oral proceedings. Accordingly, the impact of this litigation on the Company's consolidated results cannot be determined at this time.」
The Intellectual Property High Court issued a judgment rejecting the claims, and the case moved to a petition for acceptance of a final appeal. The switch to a manufacturing process outside the scope of the litigation and the continuation of the action for damages were also reported. - FY2016-Q2First statedAnnual report
「In connection with this patent infringement, Chugai Pharmaceutical Co., Ltd. filed an action for damages on 10 August 2015 against 3 manufacturing and sales companies, including 岩城製薬. The case is currently at the stage of preparations for oral proceedings. Accordingly, the impact of this litigation on the Company's consolidated results cannot be determined at this time.」
The petition for acceptance of a final appeal in the patent infringement litigation and the action for damages remain pending, and the impact on results is described as indeterminate.