Represented Daewoong Pharmaceutical in a Patent Infringement Lawsuit Filed by Novartis and its Exclusive Licensee, Leading to Case Withdrawal
2024.05.04.
Yulchon successfully represented Daewoong Pharmaceutical (“Daewoong”) in a patent infringement lawsuit filed by Novartis and its exclusive licensee, leading to Novartis and its exclusive licensee withdrawing the case. Novartis alleged that Daewoong’s products infringed the patents covering Novartis’ blockbuster treatment for heart failure, Entresto.
Novartis claimed both literal infringement and infringement under the doctrine of equivalents. However, Yulchon demonstrated that the accused products did not share the technical concepts and effects of the asserted patents.
Additionally, Yulchon argued that the asserted patents were invalid due to a lack of inventive step, supported by various prior art references, the prosecution history, and decisions from relevant opposition proceedings. The Supreme Court agreed with Yulchon and held that the asserted patents were invalid. Based on this invalidity ruling, Yulchon negotiated favorable settlement terms with Novartis, leading to an amicable resolution of the dispute.
Yulchon successfully defended Daewoong twice: first in a preliminary injunction proceeding filed by Novartis alleging infringement of the same patents, and second in the subsequent lawsuit. With Yulchon’s assistance, Daewoong was able to counter Novartis’ aggressive patent evergreening strategy for its blockbuster heart drug and proceed with marketing Daewoong’s generic version of Entresto.
