Roche winning the reagent kit patent infringement case in Shanghai
Since it was founded in 1896, Roche has grown decade upon decade into a world-leading healthcare company, focused on developing medicines and diagnostics to help patients live longer, better lives.
Roche today is a global leader in the pharmaceuticals and diagnostics industries, including in-vitro diagnostics and tissue-based oncology diagnostics. Innovation is the driving force of Roche's continuous development to provide what patients need next.
Roche's annual investment in R&D accounts for 20% of its sales. In 2016, Roche invested CHF 9.9 billion in R&D. The patent system encourages innovation and protects R&D achievements. The patent right is the affirmation of our long-term investment, and also the powerful guarantee for our core competitiveness. Roche has always attached importance to protecting R&D results from infringement and will not tolerate any violations.
Roche also supplies instruments and reagents for Diagnostics to the Chinese market under the trademark cobas. To protect this business from unauthorized use of its intellectual property, Roche applies for patents in China for its innovative products. The Chinese Intellectual Property Office (CIPO) has granted many patents to Roche.
As the owner of a patent directed to a container for reagents, Roche found that Guangzhou Kofa Biotechnology Co., Ltd., Shanghai Xuchi Biotechnology Co., Ltd. and Yuhuan Kangjia Enterprise Co., Ltd. have infringed its patent right, including: Kangjia has produced and, sold the patented containers to Kofa. Kofa has produced, offered and provided reagents in the patented containers to Xuchi with the purpose of sales of the infringing reagent containers to laboratories for use on Roche instruments, thus competing with patented reagent containers sold by Roche for performing Diagnostics.
Roche brought a lawsuit against the above-mentioned three companies for infringing patent right in Shanghai Intellectual Property Court of the People's Republic of China on October 25, 2016. On August 18, 2017, Shanghai Intellectual Property Court of the People's Republic of China issued a final decision on the case ((2016) H. 73 M. C. No.835): Kofa, Xuchi and Kangjia should stop infringing Roche's patent as soon as the judgment enters into force.
Kangjia should compensate Roche for economic loss and reasonable expenses totaling 300,000 yuan. Kofa shall bear joint and several liabilities of RMB 100,000 of the aforesaid compensation.
As the patent owner of patent "container for reagents", Roche supports the judicial decision of the Shanghai Intellectual Property Court of the People's Republic of China which has strengthened Roche's confidence in intellectual property protection in China. Meanwhile, we believe that this decision is a positive step forward in promoting the awareness of domestic intellectual property rights and encouraging innovation.
Roche is the technical pioneer and has made many technical breakthroughs in the in vitro diagnostics industry. We will also continue the investment in research and development to create more advanced products to serve doctors and benefit patients. At the same time, we will also maintain the consistent "zero-tolerance" attitude towards any infringement and resolutely protect the implementation of patent rights.