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Case Digest: Pharmawealth vs. Pfizer (Patent Infringement)

December 19, 2010

Phil. Pharmawealth, Inc. v. Pfizer, Inc. & Pfizer (Phil.), Inc. G.R. No. 167715, 17
November 2010

Pfizer is the registered owner of a patent pertaining to Sulbactam Ampicillin. It is

marketed under the brand name Unasyn. Sometime in January and February 2003,
Pfizer discovered that Pharmawealth submitted bids for the supply of Sulbactam
Ampicillin to several hospitals without the Pfizers consent. Pfizer then demanded that
the hospitals cease and desist from accepting such bids. Pfizer also demanded that
Pharmawealth immediately withdraw its bids to supply Sulbactam Ampicillin.
Pharmawealth and the hospitals ignored the demands.

Pfizer then filed a complaint for patent infringement with a prayer for permanent
injunction and forfeiture of the infringing products. A preliminary injunction effective for
90 days was granted by the IPOs Bureau of Legal Affairs (IPO-BLA). Upon expiration, a
motion for extension filed by Pfizer was denied. Pfizer filed a Special Civil Action for
Certiorari in the Court of Appeals (CA) assailing the denial.

While the case was pending in the CA, Pfizer filed with the Regional Trial Court
of Makati (RTC) a complaint for infringement and unfair competition, with a prayer for
injunction. The RTC issued a temporary restraining order, and then a preliminary
injunction.

Pharmawealth filed a motion to dismiss the case in the CA, on the ground of
forum shopping. Nevertheless, the CA issued a temporary restraining order.
Pharmawealth again filed a motion to dismiss, alleging that the patent, the main basis of
the case, had already lapsed, thus making the case moot, and that the CA had no
jurisdiction to review the order of the IPO-BLA because this was granted to the Director
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General. The CA denied all the motions. Pharmawealth filed a petition for review on
Certiorari with the Supreme