The text starts here.

News Release

FOR IMMEDIATE RELEASE
January 13, 2006
For Print (PDF 470KB)

Legal Action taken against Generic Products of Eisai's Selbex(R) Capsule 50mg based on the Japanese Unfair Competition Prevention Law in the Japanese Market


Eisai Co., Ltd. (Headquarters: Tokyo, President & CEO: Haruo Naito), has previously filed legal action against 12 companies and distributors of pharmaceutical products selling generic products of Eisai's gastritis/gastric ulcer medication "Selbex(R) capsule 50mg" (generic name: teprenone, hereinafter referred to as "Selbex(R)") manufactured and distributed by Eisai for injunction of unfair competition acts and compensation for damages in the Tokyo District Court on the ground of possibility to cause confusion with Selbex(R) in clinical usage because of similarities of a PTP sheet and a capsule design of Selbex(R) and those of generic products. The Tokyo Distric Court announced today that the lawsuit against Taiyo Yakuhin Co., Ltd. has been dismissed. The Court has not made any judgment on the other 11 companies and distributors at this time.

Although the claim made by Eisai was rejected in this trial, our allegation that the capsule designs and PTP sheets of the generic products themselves might fall into “the indication for goods or business” of the Unfair Competition Prevention Law has been acknowledged. Furthermore, the Court made a judgment that colors of a capsule and a PTP sheet of a pharmaceutical product themselves might fall into “the indication for goods or business” under given conditions.

However, Eisai thinks that this judgment is not exactly based on the actual status of the usage of pharmaceutical products in medical institutions. Therefore, Eisai cannot agree with the ruling.

Eisai believes that there still remains risk to medical institutions and patients as the result of confusion of Selbex(R) with other generic products. Accordingly, Eisai will file an appeal against the Taiyo Yakuhin Co., Ltd. ruling. Eisai will take affirmative measures to fully eliminate the risk of product usage confusion


[Effect/Indication, Glossary, Names of Defendants, and Photographs of Generic Products are attached as reference materials.]


Contacts:
Corporate Communications Department
Eisai Co., Ltd.
TEL: 81-3-3817-5120


[Reference Materials]


1.  Effect/Indication

Selbex(R) Treatment of gastric mucosal lesions (erosion, bleeding, redness, edema) caused by the following disorders
   Acute gastritis, acute exacerbation of chronic gastritis
Gastric ulcer
Generic ProductsGastric ulcer


2.  Glossary

Definition of an "unfair competition act" (Item 1, Paragraph 1, Article 2 of the Unfair Competition Prevention Law)

The act of using an indication for goods or business (as used hereinafter, an "indication for goods or business" means name, tradename, trademark, mark, container or package of goods, or any other indication used for goods or business, which is connected with a person's business) which is identical with, or similar to, another indication for another person's goods or business as to be well-known among customers, or the act of selling, distributing, displaying for the purpose of sale or distribution, exporting or importing goods on which such an indication for goods or business is used, and thereby causing confusion with another person's goods or business.



3.  Names of Defendants and Generic Products
        (Underlined is the company on which the Court made a judgment on January 13.)

• Kyowa Pharmaceutical Industry Co., Ltd.“TERPENONE CAPSULE 50mg”
• Kobayashi Yakugaku Kogyo Kabushiki Kaisha“KOBALNON CAPSULE”
• Nichi-iko Pharmaceutical Co., Ltd.“KOBALNON CAPSULE”
• SAWAI PHARMACEUTICAL CO., LTD.“SEFTAC CAPSULE 50”
• C-H-O Shinyaku Kabushiki Kaisha“Selpus Capsules”
• Merck Hoei Ltd.“Selpus Capsules”
• Taisho Pharmaceutical Industries Ltd.“SELTEPNON Capsule 50mg”
Taiyo Yakuhin Co., Ltd.“CELOOP Capsule 50mg”
• Choseido Pharmaceutical Co., Ltd.“ANTOVEX CAPSULES 50mg”
• Tsuruhara Pharmaceutical Co., Ltd.“DEMUNARON CAPSULE”
• TOWA PHARMACEUTICAL CO., LTD.“EXPECK Cap.”
• Yoshindo Inc.“ANTAGOSTIN CAPSULES”

   Products Photograph (PDF 90KB)