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Eli Lilly and Company v. Changzhou Watson Pharmaceutical Industries Ltd. (Dispute over the Infringement upon Patent for Invention)—Identification of the Preparation Process of the Disputed Infringing Drug

Chapter
Part of the Library of Selected Cases from the Chinese Court book series (LSCCPC)

Abstract

In handling the dispute of patent infringement on the drug preparation process, it shall be presumed that the preparation process for the disputed infringing drug filed in the drug regulatory department is its actual preparation process in the absence of evidence to the contrary. In case that there is evidence to prove that the filing process of the sued infringing drug is untrue, the technical source, production regulations, production records, and filing documents of the disputed infringing drug shall be fully reviewed, and the actual preparation process of the disputed infringing drug shall be determined in accordance with law. Regarding the complex technicality involved in the preparation process of the disputed infringing drug, it can be comprehensively identified by various means such as technical investigators, expert assistants, judicial identification (forensic science expertise), and scientific and technical experts.

Copyright information

© Law Press China 2020

Authors and Affiliations

  1. 1.The Supreme People’s Court of the People’s Republic of ChinaBeijingChina

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