On the 15th, Hana Pharm announced that the company had won the patent infringement and patent invalidation lawsuit related to ‘Aloxi Inj. (Generic name: Palonosetron Hydrochloride) with Helsinn Healthcare SA of Switzerland and CJ Healthcare. Hana Pharm has released the same ingredient “Paloxi Inj.”
The original manufacturer and the patentee appealed to the Supreme Court after Hana Pharm won the patent litigation in three cases of patent invalidation and patent infringement of Aloxi Inj. last September, but the Supreme Court dismissed the appeal in a consensus opinion.
Hana Pharm explained that two patents related to Aloxi Inj. (expiring on January 30, 2024 and February 18, 2024) were all invalidated as of January 11, the time of the Supreme Court’s decision.
Aloxi Inj. is a second-generation anti-emetic agent used in the prevention of vomiting and nausea in cancer patients who receive chemotherapy, and for the prevention and treatment of post-operative nausea and vomiting. Aloxi Inj. has recorded sales of around 25 billion won and is leading the market of anti-emetic agents with “Nasea Inj.” (Generic name: Ramosetron Hydrochloride).
Hana Pharm introduced Paloxi Inj. to the market in December last year as the only one that has the same composition as the original drug among generics of Aloxi Inj. Samyang BioPharm launched the product in May last year by avoiding patented composition.
A representative of Hana Pharm in charge of sales of Paloxi Inj. explained the future, “Paloxi Inj. has the advantage in ensuring the stability of drug using antioxidant (EDTA) like the original product. Hana Pharm will be able to create a synergistic effect by adding a professional sales organization and marketing experience in the anti-emetic market.”
“The lawsuits against infringement of this patent right and patent invalidation are very meaningful because Hana Pharm single-handedly won two cases of the original patent litigation. We will use this opportunity to strengthen our competence in the field of patents to have differentiated competitiveness,” he added.
Eun-Seon Choi, a patent attorney at CnP Patent Law Firm, who represented this patent invalidation lawsuit evaluated this ruling, “this invalidation of the patent relates to the use of medicines, dosage & usage, and formulation. It is meaningful that we have won the patent of the original pharmaceutical company through the technical examination and the expert statement. During the course of the lawsuit, we were able to obtain good results by demonstrating our confidence in winning.”