Sawai, Fuso to pay 20 billion-plus in Remitch patent suit

Japan’s Intellectual Property High Court has ordered Sawai Pharmaceutical (TYO: 4887) and Fuso Pharmaceutical Industries (TYO: 4538) to pay a total of over 20 billion yen ($138.5 million) in damages for infringing the patent of Toray Industries’ (TYO: 3402) pruritus drug Remitch OD tablets (nalfurafine).

The court recognized that the manufacture and sale of the Sawai and Fuso Products during the extended patent term constituted infringement of the Patent. The court upheld Toray’s claim for damages and ordered Sawai Pharmaceutical to pay damages of 14,290,939 yen, and Fuso Pharmaceutical to pay damages of 7,472,878 yen, along with interest for delay.

On the same day, the court also issued a decision rejecting Sawai Pharmaceutical’s claim in a separate lawsuit [2024 (Gyo-Ke) 10033] seeking to overturn the decision to maintain the patent term extension registration. As for other patent term extension registration related to the Patent (Application Nos. 2015-700061, 2017-700309, and 2017-700310), invalidation trials requested by Sawai Pharmaceutical had previously concluded with final decisions to maintain the extensions.