Decision on Non-Acceptance of Appeal Concerning the Patent for 5-Aminolevulinic Acid Phosphate
10/10/2023
Notice of Non-Acceptance Decision in the Appeal for Patent Infringement Concerning 5-Aminolevulinic Acid Phosphate
The Supreme Court has issued a decision not to accept the appeal (resulting in our victory) concerning the invalidation trial for patent number 4417865 (hereinafter, “the Patent in question”) *1, owned by our group company, neo ALA Co., Ltd. (hereinafter, “neo ALA”).
[Overview of the Litigation]
Toa Industry Co., Ltd. (hereinafter, “Toa Industry”) had contested a decision by the Patent Office which found no grounds for invalidation in the invalidation trial (invalidation case 2021-800078) against the Patent in question. Displeased with this decision, Toa Industry filed a lawsuit seeking to overturn it. In March this year, the Intellectual Property High Court (Division 3, presided over by Judge Yasuhiro Shoji) issued a verdict on March 22, 2023 (refer to our release dated March 22, 2023), rejecting Toa Industry’s claims. Toa Industry then appealed this decision to the Supreme Court, and on October 5, 2023, the Supreme Court (First Petty Bench, presided by Judge Toru Sakai) decided not to accept the appeal for review (resulting in our victory).
[Significance of the Decision and Future Initiatives]
With the Supreme Court’s decision, the original decision of the Patent Office is now final, confirming that there are no valid grounds for invalidation of the Patent in question as claimed by Toa Industry. Our company and neo ALA own numerous intellectual property rights related to 5-Aminolevulinic Acid (5-ALA), a substance recognized by society as a result of over 35 years of research and development by the inventors of the Patent in question. We will continue to work on the proper protection of intellectual property rights and on the healthy dissemination and public awareness of 5-ALA.
[Glossary]
*1 Patent No. 4417865 [Title of Invention: 5-Aminolevulinic Acid Phosphate, its production method, and applications] The Patent in question pertains to the substance of 5-Aminolevulinic Acid Phosphate and other related patents. Under the licensing of this Patent by neo ALA, our company is the sole manufacturer and seller of 5-Aminolevulinic Acid Phosphate for food ingredients and other uses within Japan.
