Filing of a Patent Infringement Lawsuit Against Toa Industry Co., Ltd.
04/25/2022
Announcement of Patent Infringement Lawsuit Against Toa Industry Co., Ltd.
We hereby announce that neo ALA Co., Ltd. (Headquarters: Tokyo, CEO: Satoshi Kawada; hereinafter referred to as “neoALA”), a group company of NeoPharma Japan Co., Ltd., has filed a patent infringement lawsuit against Toa Industry Co., Ltd. (hereinafter referred to as “Toa Industry”) based on the patent rights held by neoALA (Patent No. 4417865, titled “5-Aminolevulinic Acid Phosphate, Its Production Method, and Its Applications,” hereinafter referred to as “the Patent”) on April 20 at the Tokyo District Court.
【Overview】
Our company, under the ordinary licensing rights granted by neoALA, manufactures and sells products such as food ingredients that are 5-aminolevulinic acid phosphate and food supplements utilizing it. On the other hand, Toa Industry started manufacturing and selling a product called “5-ALA SUPPLEMENT ALA SHIELD,” an “amino acid-containing processed food product” that includes 5-aminolevulinic acid phosphate, around March 2021.
After issuing a warning and conducting discussions with Toa Industry, which did not lead to an agreement, neoALA has proceeded to file a lawsuit seeking an injunction against the manufacturing and selling of these products. Additionally, a request for a patent invalidation trial was made by Toa Industry in September 2021 against this patent. In response, neoALA has argued for the validity of the patent in its response documents (January 2022) and will continue to appropriately protect and enforce this patent.
