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Eisai Lawsuit Against Generic Drug Manufacturers Dismissed.


Tokyo, Japan, Sept 28, 2006 - (JCN JCN Japan Corporate News
JCN Journal of Cognitive Neuroscience
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JCN joint communications network (US DoD) 
) - Eisai Co., Ltd. today announced that lawsuits filed against three pharmaceutical manufacturers regarding the sales of generic versions of Selbex capsule capsule

In botany, a dry fruit that opens when ripe. It splits from top to bottom into separate segments known as valves, as in the iris, or forms pores at the top (e.g., poppy), or splits around the circumference, with the top falling off (e.g., pigweed and plantain).
 50mg ('Selbex'; generic name generic name
n.
1. The official nonproprietary name of a drug, under which it is licensed and identified by the manufacturer.

2.
: teprenone) 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 Taisho Pharmaceutical Co., Ltd. (大正製薬株式会社   Industries Ltd. and Sawai Pharmaceutical Co., Ltd.

Eisai has previously brought lawsuits in the Tokyo District Court Tokyo District Court (東京地方裁判所; Tōkyō Chihō Saibansho) is a district court in Kasumigaseki, Chiyoda, Tokyo, Japan. See also
  • Judicial system of Japan
 against 12 pharmaceutical manufacturers and distributors who sold generic versions of Selbex, which is indicated for the treatment of gastritis/gastric ulcers. After the District Court rejected Eisai's claims, the company appealed to the Intellectual Property High Court, which today dismissed the lawsuits against Towa Pharmaceutical, Taisho Pharmaceutical and Sawai Pharmaceutical but has not made any judgment regarding the other nine companies and distributors.

Eisai's claim of unfair competition was not acknowledged since the court found that the external appearance of PTP (1) See peer-to-peer.

(2) (Picture Transfer Protocol) An ISO standard for transferring photos from a digital camera to a computer or photo printer.
 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.

Selbex, one of the most commonly prescribed drugs in the gastrointestinal area in Japan, has been used by many medical institutions and patients to date. More than 30 million prescriptions are filled annually.

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Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:JCNN News Summaries
Date:Sep 28, 2006
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