Cretem and JVM's Patent Battle Intensifies Over Drug Packaging Technologies

Multiple Patent Disputes Erupt Over Pharmaceutical Packaging Methods

(Source: https://www.myjvm.com/kr/product/view.php?idx=81)

The legal battle between Cretem, Yulimtech, and JVM has escalated, with three patents relating to drug packaging technologies at the center of the dispute. While Cretem and Yulimtech have scored significant victories in some cases, JVM has managed to hold its ground in others.

JVM's 'Method of Setting Cartridge Key' Patent (495)

One of the key patents involved is JVM's "Method of Setting Cartridge Key" (KR2084495). Cretem and Yulimtech initially filed for an invalidation trial with the Korean Intellectual Property Trial and Appeal Board (KIPTAB) in December 2020. However, in June 2021, KIPTAB dismissed their invalidation request. 

At the same time, Cretem and Yulimtech sought a passive scope confirmation trial, arguing that the cartridge key setting method used in their CAP Model drug packaging machine did not fall under the scope of the '495 patent. KIPTAB rejected this claim as well.

Refusing to back down, Cretem and Yulimtech filed a cancellation suit with the Patent Court in August 2021, and in January 2024, the court ruled in their favor. Following this, KIPTAB invalidated the ‘495 patent in April 2024, effectively rendering it void.

JVM's 'Method and Apparatus for Automatically Wrapping Drugs' Patent (552)

In a separate dispute, Cretem also successfully challenged JVM's "Method and Apparatus for Automatically Wrapping Drugs" (KR0543552) patent. In January 2021, Cretem and Yulimtech filed for an invalidation trial but were initially unsuccessful when KIPTAB rejected their claims in May 2021. Cretem took the case to the Patent Court in June 2021, only to lose again in December 2022, with their appeal to the Supreme Court being dismissed as well. 

However, in January 2024, Cretem filed another invalidation trial against claim 1 of the '552 patent, and in August 2024, KIPTAB ruled in favor of Cretem, invalidating the claim. 

Furthermore, Cretem's March 2021 passive scope confirmation trial had partially succeeded, with KIPTAB ruling that claims 2, 3, 5, and 6 of the '552 patent did not cover Cretem's CAP Model drug packaging machine. The '552 patent has since expired.

JVM's 'Gear Unit of a Motor for a Medicine Cassette Device' Patent (304)

In contrast, JVM secured a favorable position regarding its "Gear Unit of a Motor for a Medicine Cassette Device and the Medicine Cassette Device Having the Gear Unit" (KR1497304) patent. 

In January 2021, Cretem and Yulimtech filed an invalidation trial, challenging several claims of the '304 patent. KIPTAB ruled in favor of Cretem, invalidating most of the claims except for claim 6.

However, the tables turned in December 2022, when the Patent Court overturned KIPTAB's invalidation decision, ruling in favor of JVM. Cretem's subsequent appeal to the Supreme Court was dismissed, and a renewed invalidation attempt in August 2023 was similarly rejected by KIPTAB in July 2024. Cretem has since filed a cancellation suit with the Patent Court, with hearings yet to be scheduled.

The ongoing legal battle underscores the high stakes involved in the pharmaceutical packaging technology sector, as both sides continue to fight over key patents.

A figure from the patent titled "Gear Unit of a Motor for a Medicine Cassette Device and the Medicine Cassette Device Having the Gear Unit" (KR1497304) owned by JVM (Source: KIPRIS)