Escolar Documentos
Profissional Documentos
Cultura Documentos
Pfizer
January 31, 2011 by mirandah
The Supreme Court of the Philippines was recently faced with an intriguing
issue: Is it permissible to grant an injunction in respect of a patent post-
expiration of the patent term? The Supreme Court also had the opportunity to
opine on another interesting issue, that of forum shopping. Without jumping
the gun by stating how the Supreme Court dealt with the issues, it may be
pertinent to briefly dwell on what transpired and how the issues arose in Phil
Pharmawealth, Inc v. Pfizer, Inc and Pfizer (Phil) Inc.
Forum Shopping?
Antecedent to the main issue, was the claim of forum shopping, to which the
Supreme Court found Pfizer guilty for having instituted separate actions
before the IPO and the Regional Trial Court, praying for the same relief.
It appears that the ultimate objective which Pfizer seeks to achieve in their
separate complaints filed with IPO-BLA and then the Regional Trial Court
Makati is to ask for damages for the alleged violation of their right to
exclusively sell SA products and to permanently prevent Pharmawealth from
selling said products.