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| (Source: Green Cross Corporation) |
Korea's Intellectual Property Trial and Appeal Board (IPTAB) has sided with Green Cross Corporation in a scope confirmation trial over a diabetes treatment patent held by Boehringer Ingelheim International.
In a decision issued on March 31, 2025, the IPTAB ruled that GC's product does not infringe Korean Patent No. 1763659, titled "Pharmaceutical compositions comprising BI-1356 and metformin." The ruling came in response to a passive confirmation of scope trial, a procedure in Korea where a company may seek a judgment that its product does not fall within the claims of an existing patent.
The ruling gives GC a favorable position amid ongoing market competition involving DPP-4 inhibitors and combination therapies. Should Boehringer Ingelheim wish to contest the decision, it may file an appeal with the Patent Court.
Multiple Korean pharmaceutical companies have previously sought similar rulings on the same patent. Between October and December 2023, five passive scope trials were filed, all resulting in non-infringement findings. Those companies include Kukje Pharma, Sinil Pharmaceutical, Aju Pharm, Hutecs, Korea United Bio-Chem Pharmaceutical, and Korea United Pharm, all of whom obtained favorable decisions between January and February 2025.
GC filed its challenge later, in May 2024. Despite the later filing, the IPTAB reached its decision more quickly compared to the earlier cases.
▷Related Article: Dongwha, Kukje Cleared In Boehringer Diabetes Drug Patent Dispute (2025. 03. 29.)
By PatenTrip
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