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SRS Pharmaceuticals wins patent case
June 2009

SRS PHARMACEUTICALS INC., PHILIPPINES ALONG WITH ITS DISTRIBUTOR , WINS A PATENT INFRINGEMENT CASE AGAINST PFIZER INC.- A COVER STORY.

On 31st March 2009, Unasan, which is an antibiotic drug containing Ampicillin Sodium and Sulbactam sodium, manufactured by SRS Pharmaceuticals Inc., has won a alleged patent infringement case against, Unasyn, antibiotic drug, containing ampicillin sodium and sulbactum sodium, Manufactured by Pfizer Inc., USA.

Pfizer Inc. had filed an alleged infringement case against the defendants claiming that the acts of importing, distributing, marketing, offering to sell and selling the patented product sulbactum of plaintiff's, were against the Patent No. 26810 issued by the intellectual Property Office in Philippines, in November 1992 to Pfizer Inc. for Unasyn.

According to the Philippines Republic Act No. 8293, Section 23, which qualifies the word "new" as "An invention shall not be considered new if it forms part of prior art." It was thus found out that the Unasyn patent is an invalid patent and is actually an extension of a Patent no. 21116 titled, "Penicillanic Acid derivatives, composition and process for the preparation", which expired on 15th July 2007.

The Presiding Judge, Cesar O. Unialan, of the Makati Regional Trial court, on March 31st 2009, thus declared that, "this court hereby denies the issuance of a preliminary injunction for plaintiffs (meaning Pfizer) miserably failed to prove of their right over the subject molecular ingredient/element or sulbactum sodium or sodium sulbactum for the simple reason the same ingredient had been subject of a prior art."

The case was thereby Dismissed by the court for a simple reason that there was nothing more to be done in the case considering the relief prayed for the plaintiffs under their Amended Complaint.
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