Intellectual Property High Court Decision on the Patent Infringement Lawsuit against Toa Industry Co., Ltd.

Patent Infringement Litigation Update: Decision by the Intellectual Property High Court for Toa Industry Co., Ltd.

The Intellectual Property High Court has delivered a verdict dismissing the appeal filed by Toa Industry Co., Ltd. (hereinafter, “Toa Industry”) regarding the patent infringement lawsuit filed by neo ALA Co., Ltd. (hereinafter, “neo ALA”), a group company of ours, based on patent number 4417865 (hereinafter, “the Patent in question”) *1.

[Overview of the Litigation]

This case originated when neo ALA, based on the Patent in question, filed a patent infringement lawsuit (case number Reiwa 4 (Wa) 9716) against Toa Industry, in which the Tokyo District Court, on July 28, 2023, ruled in favor of neo ALA’s claims. Dissatisfied with the decision, Toa Industry appealed to the Intellectual Property High Court. After thorough consideration, the court (Division 4, presided by Judge Masatoshi Miyasaka) has now rejected the appeal.

[Our Initiatives]

Our company and neo ALA own numerous intellectual property rights related to 5-Aminolevulinic Acid (5-ALA). 5-ALA has become a well-recognized substance through over 35 years of research and development by the inventors of the Patent in question. We are committed to continuing to protect these intellectual property rights rigorously and to promote the responsible dissemination and public awareness of 5-ALA.

[Glossary]

*1 The Patent in question (Patent No. 4417865 [Title of Invention: 5-Aminolevulinic Acid Phosphate, its production method, and applications]) covers the substance of 5-Aminolevulinic Acid Phosphate and related patents. Under the licensing of the 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.