June 16, the Supreme People's Court of PRC made the final judgement on the case: Watson Pharmaceutical(Changzhou) Co., Ltd. (hereinafter referred to as "Watson Pharmaceuticals") patented technology program Olanzapine invention does not fall into the scope of the patent claims by the US pharmaceutical company Eli Lilly Company (hereinafter referred to as Eli Lilly) and revoked the first instance verdict, dismissed the other claims Eli Lilly submitted. So far, this case causing widespread concerned pharmaceutical patent dispute was finally ended.

It is reported that, in 2003, the intellectual property disputes between two companies occurred. On September29, 2003, Eli Lilly filed a lawsuit to Nanjing Intermediate People’s Court against Watson Pharmaceuticals for it using Eli Lilly’s patented Olanzapine production technology (patent number: ZL91103346.7), which constituted infringement, and asked for ceasing infringement and compensation for economic losses. After hearing, the court held that Eli Lilly’s alleged infringement was established, Watson Pharmaceuticals need to stop infringement and pay Eli Lilly $ 500,000 for losses.

10 years later, on July 15, 2013, Eli Lilly accusued Watson Pharmaceuticals to Jiangsu Higher People's Court. Jiangsu Higher People’s Courtheld that, in the case, Watson Pharmaceuticals claimed, since 2003, it has been using its technology supplementally identified in 2008, contradictory to the statements in its previous caseusing the technology supplementally identified in 2003, and both technologies did not see a substantive change.Furthermore, and the first technology identified in 2003 is not feasible. Therefore, non-infringement defenses by Watson Pharmaceuticals was not satisfied, and the court ordered Watson Pharmaceuticals ¥3.5 million compensation to Eli Lilly. Both EliLilly and Watson Pharmaceuticals refused to accept the verdict of Jiangsu Higher People's Court and then appealed to the Supreme Court.

On June 16 this year, According to the above, the China Supreme People's Court made the final judgment according to the law，revoking the verdict by Jiangsu People’s Court and dismissing the other claims submitted by Eli Lilly. 

(by Jiang Xu)

(Source: China IP News)