Astellas wins Cefzon patent infringement suit

Astellas Pharma has announced that it has won its patent infringement case against Taiyo Yakuhin regarding its orally-administered cephalosporin antibiotic Cefzon (cefdinir) capsules, after a final appeal by the Nagoya-based firm was dismissed by the supreme court.

Cefdinir was launched in capsule form in 1991 and two years later as Cefzon Fine Granules for Paediatric and has been used to treat respiratory infections and other types of infectious diseases.

In addition to the aforementioned case, Astellas filed a district court lawsuit against Taiyo in August 2007 to claim damages relating to the loss suffered as a result of the application of the exceptional NHI price reduction to both forms of Cefzon.

“The substance patent right on cefdinir expired in September 2003; however, Astellas has a patent on the crystalline form of cefdinir valid until August 2008,” the company reports.

It adds that Taiyo first obtained an NHI price for an orally-administered cefdinir capsule dubbed Ceflosil Capsule 100 mg in July 2005 which was then launched two months later.

In September 2007, the intellectual property high court had backed the decision of the Tokyo district court in the Cefzon patent infringement case brought by Astellas.