Dukarb of Huons won the patent battle

Huons changed target to Dukarb 60/5mg instead of Dukarb 30/5mg

The generic company won a patent dispute over Dukarb, a high blood pressure compound in Boryung

Given that Boryung won a series of previous referees, the pharmaceutical industry is paying keen attention to the decision, which is the opposite of the previous one.

 

◆Patent judge decides opposite to previous judgment According to the pharmaceutical industry on the 2nd, the Korean Intellectual Property Tribunal made a claim citation decision on the 31st of last month in a passive judgment on the scope of rights for patent of Dukarb filed by Huons against Boryung.

 

For generic companies, including Huons, they won the Dukarb patent dispute for the first time.

 

The Dukarb patent dispute began in March last year when 40 pharmaceutical companies filed a series of passive judgment on the scope of rights, starting with Arlico.

 

The first decision was made in March this year.

 

Arlico, Shinpoog, HLB, and Union Korea, Futechs Pharmaceutical lost after receiving a decision to dismiss the claim.

 

In April, Hana, Whan In Pharm, and Union Korea also lost.

 

The pharmaceutical industry judged that the rest of generic companies are likely to lose in the first trial.

 

This is because the Patent Tribunal tends to cite the preceding trial as it is for cases with the same content.

 

◆ Huons wins first trial by changing target to non-core dose product Dukarb consists of a total of four items depending on the content.

 

There are 30/5 mg, 30/10 mg, 60/5 mg, and 60/10 mg doses.

 

Among them, patent of Dukarb protects only 30/5mg.

 

Boryung has registered a patent only for its core dose of 30/5mg among the four Dukarb products.

 

The generic companies requested a passive scope of rights confirmation trial targeting the core capacity of 30/5mg.

 

However, Huons changed the target to 60/5mg.

 

In the case of 60/5mg, non-infringement is clear because it is not protected by patents in the first place.

 

For this reason, the Patent Tribunal made a decision citing Huons' claim.

 

◆Despite the victory of the first trial, patent avoidance of core capacity products failed However, since this trial decision is not about 30/5mg products, Huons cannot release 30/5mg generics even if it wins the first trial.

 

30/5 mg-related generic for exclusivity cannot be obtained.

 

An official from the pharmaceutical industry said, "Huons met the requirement of winning the first trial, but the core capacity has not been avoided." "For Boryung, we are still protecting the Dukarb patent like the previous judges." Dukarb is a combination product that combines Amlodipine with Fimasartan, a hypertension treatment developed by Boryung.

 

Among Kanarb-based combinations, the prescription performance is the highest.

 

According to UBIST, a pharmaceutical market research firm, the prescription amount was 41.1 billion won last year.

 

It increased by 14% compared to 36.1 billion won in 2020.