Hanmi Pharmaceutical Cleared in Polichem SA Onychomycosis Patent Dispute

(Source: HanmiPharm)

The Korean Intellectual Property Trial and Appeal Board has ruled that Hanmi Pharmaceutical does not infringe Polichem SA’s Korean Patent No. KR2200788, titled “Topical Antifungal Composition for Treating Onychomycosis.” 

In its petition, Hanmi argued that its marketed antifungal formulation falls outside the scope of the cited patent, and the Board agreed, accepting Hanmi’s arguments.

The Board granted Hanmi’s request for a passive scope-of-rights confirmation trial—a procedure akin to a U.S. declaratory judgment action—allowing an alleged infringer to secure an official non-infringement finding without awaiting formal litigation. Polichem SA may challenge the ruling by filing a cancellation action with the Patent Court.

By PatenTrip