Court Dismisses Taiyo Yakuhin Appeal

Japanese drugmaker Astellas Pharma announced that the Intellectual Property High Court upheld a judgment by the Tokyo District Court that found in favor of Astellas in a patent suit against Taiyo Yakuhin for oral cephalosporin antibiotic cefdinir.

Cefdinir was discovered by Astellas and has been used to treat infectious diseases.

According to Astellas, the substance patent on cefdinir expired in September 2003. However, the company will hold a patent on the crystalline form of cefdinir until August 2008.

Taiyo obtained a National Health Insurance price for an oral cefdinir capsule in July 2005 and launched the product that September. Astellas filed a patent infringement suit Sept. 15, 2005, asking that Taiyo stop production of cefdinir and discard any product in stock.

The district court found in Astellas’ favor March 13.