Patent Infringement

One of the reason to patent a technology is to allow investor gain back the investment by monopolize market for a certain of period. Also a patent is needed to balance the interest of inventor with the public.When a technology patent expires, anyone could exploit freely for the patented tech. However they need to prove the safety and efficacy of their product.

Sleeping Pill’s Patent Infringement - Roche Products, Inc. VS Bolar Pharmaceutical Co., Inc.

Among famous patent infringement case, Roche Product Inc (“Roche”) versus Bolar Pharmaceutical Co Inc (“Bolar”) case is one of it. Roche looking in a substituted Benzodiazepines - a sleep inducing drug, after some research and development finally they found Flurazepam. Roche then named the new product as Dalmane and granted it’s patent valid from 17 Jan 1967 till 17 Jan 1984. In the other hand, Bolar - a generic drug manufacturing company, found out the Flurazepam was in a great sales, then they decided to launch the generic version as soon as the Roche’s patent expiry. In early 1983, Bolar started to do their research and development on Flurazepam. All the testing data were prepared to file in FDA for generic product approval. Bolar also plan to launch their generic product on the next day of Dalmane expires.

In September of 1983, Roche filed a case against Bolar for imported and used Flurazepam in order to make it’s generic version while the patent has not expire. It is clearly show there was economical intention by Bolar. As the result, District Court for Eastern District sentenced that Bolar had infringed the patent of Roche. As per Roche request of relief, all the data generated by Bolar during it’s study should be confiscated and destroyed and it will have to bare it’s loos by own.