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Recent Articles in Legal & IP Issues

J&J Fined for Illegal Price Controls in Suit with China Distributor
Aug 1, 2013
Johnson & Johnson was ordered to pay a fine in China for monopolistic practices, in a suit stemming from a 2008 incident. Two of J&J’s subsidiaries were found guilty of enforcing price controls on a distributor. When the distributor won a public tender to sell J&J sutures – at a price below J&J’s stated minimum – J&J refused to supply product to the distributor. An appeals court awarded the distributor, Rainbow Medical, 530,000 RMB ($86,472). Rainbow had asked for a much larger 14 million RMB ($2.3 million). More details....

Stock Symbol: (NYSE: JNJ)

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China’s SIPO Voids Patent for Gilead’s Viread
Jul 30, 2013
China's State Intellectual Property Office (SIPO) has invalidated the patent for Viread, a treatment for hepatitis B and HIV/AIDS developed by Gilead Sciences. SIPO agreed with Aurisco, a China API maker, that Viread was not a novel drug because its active ingredient was discovered in the Czech Republic in 1985. Gilead had already lost patent protection for the drug in India and Brazil. Earlier this year, Gilead made an undisclosed settlement with Teva Pharma to end its challenge to Viread's US patent. More details....

Stock Symbols: (NSDQ: GILD) (NYSE: TEVA)

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Four China Vitamin C Producers Charged in US Antitrust Suit
Mar 14, 2011
Four China pharmaceutical companies have been charged with price fixing in a US antitrust case According to the plaintiffs, the four companies, representing about 60% of the world’s vitamin C production, signed a document in 2001 limiting the amount of vitamin C each one could export. As a result, the price of vitamin C rose from $2.50 per kilogram in December 2001 to $7 one year later. The defendants are not contesting the facts, choosing instead to raise an unusual defense: the government of China mandated the collusion.  More details....

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China and Taiwan Sign IP Agreement
Jul 26, 2010
China has signed an intellectual property agreement with Taiwan that calls for each country to automatically recognize IP as valid in both countries, even if it is filed only in one.  Under the new agreement, the two countries will be able to verify IP directly with each other. Previously, they had to use Hong Kong as an intermediary. Details of the agreement remain to be worked out. More details....
Allele Granted Broad RNAi Patents in China
Feb 11, 2010
Allele Biotechnology & Pharmaceuticals was granted a landmark patent with far-reaching claims in China in the RNA interference field (RNAi). The patent covers compositions of DNA molecules that can be transcribed into RNAi-mediating RNA molecules, including the commonly used shRNA and miRNA-like designs. The patent also grants Allele Biotech rights to the process of introducing such DNA molecules into cells. More details...
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