Chong Kun Dang has lost its first trial targeting the substance patent of Bayer’s new oral anticoagulant (NOAC) ‘Xarelto(rivaroxaban).’

Whether Chong Kun Dang will modify its strategy to preoccupy the market through a release of its generic before substance patent expiry due to this ruling is gaining attention.

On the 6th, the Intellectual Property Trial and Appeal Board (IPTAB) has ruled in favor of the original manufacturer Bayer, in a trial to confirm the passive scope of rights for Xarelto’s substance patent that was filed by Chong Kun Dang.

Chong Kun Dang had solely challenged Xarelto’s substance patent in December last year. This was interpreted as a strategy ma