Japan IP Court Backs Boehringer Linagliptin Patents, Upholds Dosage Patent Revocation
Japan's Intellectual Property High Court upheld three Boehringer Ingelheim patents for linagliptin, rejecting challenges by Nipro. It also upheld the revocation of a separate dosage patent, calling the regimen a routine refinement within known ranges.
Japan's Intellectual Property High Court upheld three Boehringer Ingelheim patents covering its diabetes drug linagliptin, rejecting challenges by generics maker Nipro. The court also upheld the invalidation of a separate Boehringer patent for the drug's dosage regimen, finding that the claimed regimen was a routine refinement within known ranges.
In upholding the three patents, the court clarified that drug patents can remain valid even without direct experimental data for every claimed use. The rulings addressed multiple challenges to Boehringer Ingelheim's patent protection for linagliptin.