Daiichi Sankyo files patent lawsuit against 11 generics companies

Daiichi Sankyo Company has filed patent infringement litigations against 11 generics companies for the substance patent and usage patent for levofloxacin hydrate.

Daiichi Sankyo brought patent infringement actions in Tokyo District Court against nine generics companies: Isei, Iwaki Seiyaku, Kyorin Rimedio, Kobayashi Kako, Daiko Pharmaceutical, Tatsumi Kagaku, Nipro Genepha, Biotechbay and Fuji Pharma and in Osaka District Court against two generics companies: Kyowa Pharmaceutical Industry and Zensei Pharmaceutical Industries. These 11 companies have all received approvals and are currently scheduled to market and sell generic versions of levofloxacin hydrate.

The patents for levofloxacin hydrate were originally extended until May 27, 2011 with the additional indication for Legionella pneumophila. However, late November 2008, the Japan Patent Office invalidated the extensions beyond December 25, 2008. Daiichi Sankyo appealed the invalidations of the ruling to the Intellectual Property High Court on December 24, 2008 and the cases are currently under review.

The company brought the litigations against generics companies as a measure to swiftly halt the manufacture and sales of levofloxacin hydrate if the invalidation would be overturned.

Daiichi Sankyo, a biopharmaceutical company engaged in research & development, manufacturing, import, sales and marketing of pharmaceutical products. It is headquartered in Tokyo, Japan.