Professional Documents
Culture Documents
Pfizer
Nov. 17, 2010
Peralta
Digest by PS Magno
Short Version:
Basically, Pfizer has a patent for special drug they
market as Unasyn. Then it finds out that Phil
Pharmawealth is distributing the same without its
consent. It files for a TRO which was granted. Pending
the procedural issues in the IPO and the RTC, as well
as in the CA, Pfizers patent expires. The expiration of
this patent thus extinguishes Pfizers cause of action.
Facts:
Pfizer is the registered owner of the patent which
1
covers Sulbactam Ampicillin , which they market as
Unasyn Subsequently, it came to know that this drug
was being supplied by Phil Pharma to several
hospitals without its consent. Zuellig Pharma is Pfizers
exclusive distributor in the PH. Pfizer then wrote to
Phil Pharma demanding them to cease and desist, but
Phil Pharma wouldnt do so.
(Procedural matters: important)
Pfizer seeks an injunction, as well as damaged and
forfeiture and impounding of the alleged infringing
products.
Issue No. 1.
Phil Pharma alleges that Pfizers exclusive right to
monopolize the subject matter of the patent exists
only within the term of the patent
patent.
Issue No. 2
Phil Pharma contends that the Director General of the
IPO is the proper appellate body over decisions of the
BLA-IPO, and not the CA
The SC doesnt agree
Issue No. 3
Phil Pharma alleges that Pfizer committed blatant
forum shopping with its subsequent action before the
RTC
SC agrees