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| (Source: Daiichi Sankyo) |
CMG Pharmaceutical, NBK Pharmaceutical and Myungmoon Pharm have secured a ruling that their products do not infringe a Korean pharmaceutical patent owned by Daiichi Sankyo.
South Korea's Intellectual Property Trial and Appeal Board on Jan. 29, 2026, upheld a petition for a passive scope confirmation trial filed by the three companies, finding that their activities fall outside the scope of KR1424843, titled "Pharmaceutical Composition." A passive scope confirmation trial seeks a determination that a party's product or process does not infringe the asserted patent, and Daiichi Sankyo may appeal the decision to the Patent Court.
The same patent has previously been found not infringed in similar proceedings involving a broad group of Korean pharmaceutical companies, including Boryung, Kolmar Korea, Kolmar Pharma, HK inno.N, Korea Hutex, Hanmi Pharmaceutical, Chong Kun Dang, Samjin Pharmaceutical, Dong-A ST, Shinil Pharmaceutical, Theragen Etex, Dongkwang Pharmaceutical, HLB Pharmaceutical and Dongkook Pharmaceutical.
Additional non-infringement petitions remain pending, including challenges filed by Huons and Boryung. The patent at issue is licensed in South Korea to Korea Daiichi Sankyo under a non-exclusive license.
By PatenTrip

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