TITLE	Supreme Court Decision 2017Da245798 Decided January 17, 2019¡¼Injunction against Infringement on Patent Rights, etc.¡½ [full Text]
Summary
Standard for determining the scope of effect of a pharmaceutical patent, the term of which has been extended In a case where, albeit there exists a difference in the pharmacologically permissible salt, etc. between a pharmaceutical that a patent holder obtained approval as a drug item according to the Pharmaceutical Affairs Act and a pharmaceutical that was produced, etc. by a counterparty in a patent infringement suit, the subject matter is obvious to a person of ordinary skill and the treatment effect or usage manifest through the pharmacological action of an active substance absorbed into a human body is identical, whether the effect of the pharmaceutical patent in which the term has been extended affects the pharmaceutical produced, etc. by the counterparty (affirmative)

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