Judgment on the Patent Revocation Lawsuit Regarding the 5-Aminolevulinic Acid Phosphate Patent

Announcement of the Decision in the Patent Revocation Lawsuit Regarding the 5-Aminolevulinic Acid Phosphate Patent

Today, the Intellectual Property High Court announced a decision in the case concerning the request to cancel the decision on the patent held by our parent company, neo ALA Co., Ltd. (hereinafter referred to as “neoALA”), Patent No. 4417865 (hereinafter, “the Patent in question”) *1, case number Reiwa 4 (Gyo-Ke) No. 10091 (hereinafter, “the Case”). The court dismissed the plaintiff’s request.

【Background of the Case】

The lawsuit was initiated by Toa Industry Co., Ltd. (hereinafter, “Toa Industry”), which disputed a decision by the Patent Office that rejected a request for invalidation of the first claim of the patent, held by neoALA, in the patent invalidation trial (invalidation case No. 2021-800078). Displeased with this decision, Toa Industry filed a lawsuit at the Intellectual Property High Court to cancel this decision.
The Intellectual Property High Court (Third Division, presiding judge: Yasuhiro Tokairin) has ruled, after consideration, that Toa Industry’s (plaintiff’s) claims were unfounded, thus the request was dismissed.

【Significance of the Decision and Future Initiatives】

This decision by the Intellectual Property High Court confirms that the reasons for invalidation of the Patent in question, as claimed by Toa Industry, do not exist.
Our company, along with neoALA, holds numerous intellectual property rights related to 5-Aminolevulinic Acid (5-ALA). 5-ALA has become a socially recognized substance as a result of over 35 years of research and development by the inventors of the Patent in question. Our company and neoALA will continue to work on the proper protection of intellectual property rights and promote the healthy dissemination and awareness activities for 5-ALA.

【Glossary】

*1 Patent No. 4417865 【Title of Invention】5-Aminolevulinic Acid Phosphate, its production method, and applications
This Patent pertains to the substance of 5-Aminolevulinic Acid Phosphate and other related matters. Under the licensing of this Patent from neoALA, our company is the only company in Japan manufacturing and selling 5-Aminolevulinic Acid Phosphate for use in food ingredients and other applications.