Tokyo District Court Orders a Prohibitory Injunction Requiring Suspension of Production and Sales Concerning the Patent Infringement of the "Eitest PIVKA-II" Patent
The Tokyo District Court ordered a prohibitory injunction to Daiichi Radioisotope Lab, Ltd. (President: Junzo Okuda) for the suspension of production and sales of the respective product, "PIVKA II Daiichi IRMA" in a decision dated March 31, based on the claim of Eisai Co., Ltd. (Haruo Naito: President) concerning patent infringement. In accordance with the order, the District Court executed the prohibitory injunction today.
In the ruling it was decided that "PIVKA-II IRMA Daiichi" production, sales, and assignment infringes the patent concerning the basis of diagnostic procedures of Eisai's external diagnostic medical products Eitest PIVKA-II and Picolomi PIVKA-II based on Eisai's claim before the Court in January of 1998.
Eitest PIVKA-II and Picolomi PIVKA-II are products used for the detection of liver cell cancer and were researched and developed by Eisai Co., Ltd. Eisai also licensed both products to its subsidiary, Sanko Junyaku (President: Ryo Watanabe) which conducts sales.
Eisai has already obtained the patent concerning the basis of the diagnostic procedures of Eitest PIVKA-II and Picolomi PIVKA-II under issue in the patent infringement case and the patent for this technology expires in March 2011.