Our firm successfully defended United Laboratories, Inc. (“Unilab”) and Therapharma, Inc. (“Thermapharma”) in an appeal of the dismissal of a patent infringement case filed against them by Warner Lambert Co., LLC (“Warner Lambert”) and Pfizer, Inc. (Philippines) (“Pfizer”).
In a Decision dated 25 August 2017, the Court of Appeals denied the Petition for Review filed by Warner Lambert and Pfizer questioning the Order dated 26 January 2015 of the Regional Trial Court of Makati City, Branch 66, granting the Motion for Demurrer to Evidence filed by our firm on behalf of Unilab and Therapharma and dismissing their Complaint for Patent Infringement, Damages, and Injunction with Application for a Writ of Preliminary Injunction.
This case involved Warner Lambert’s Philippine Patent Nos. 29149 and 1-1996-53714 that allegedly cover the drug Atorvastatin calcium. The Trial Court ruled that the dismissal of the complaint filed by Warner Lambert and Pfizer was proper considering the adverse judicial admissions made by their own witnesses on cross examination during the injunction hearings and their abject failure to present new and irrelevant evidence during the trial, which led to their failure to establish their causes of action.
Our lawyers had also earlier successfully represented Unilab and Therapharma in the injunction application hearings in connection with Warner Lambert and Pfizer’s patent infringement complaint. The Trial Court’s denial of Warner Lambert and Pfizer’s injunction application was affirmed by the Court of Appeals and the Supreme Court.