Generic Drug Manufacturers Medical Malpractice Lawsuit Dismissed

The lawsuits which was filed against three pharmaceutical manufacturers regarding the sales of generic versions of Selbex capsule 50mg have been dismissed by the Intellectual Property High Court.

The three manufacturers named in the lawsuit, which was based on the Japanese Unfair Competition Prevention Law, are Towa Pharmaceutical Co., Ltd., Taisho Pharmaceutical Industries Ltd. and Sawai Pharmaceutical Co., Ltd.

Eisai’s claim of unfair competition was not acknowledged since the court found that the external appearance of PTP sheets and Selbex capsules was not significantly unique enough to provide legal protection.

The Court also concluded that there are a number of other drugs whose appearance is similar to Selbex including the relevant non-generic (originator) drugs or OTCs.

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