SAHAR INTERNATIONAL TRADING, INC. v.

WARNER LAMBERT LLC and PFIZER,

(Philippines), CO., INC. G.R. No. 194872, 9 June 2014

FACTS:

Warner Lambert, a foreign corporation, is the registered owner of three (3) Philippine patents for
the pharmaceutical substances Atorvastatin, Atorvastatin Calcium and Atorvastatin Calcium in
crystalline form. It sells this product worldwide under the brand name Lipitor. PFIZER is its
exclusive licensee in the Philippines. Sometime in 2005, Pfizer discovered that SAHAR also
applied for and was issued Certificates of Product Registration (CPR) by the FDA for
Atorvastatin Calcium under the brand name Atopitar, which also sells its product in the
Philippines. Sahar’s marketing ads showed that Atopitar is neither manufactured by Warner
Lambert nor any Pfizer company, but by Geofman Pharmaceuticals of Pakistan. Sahar said that
the patent over Atorvastatin Calcium had already expired in Pakistan and, therefore, it believed
the same can already be freely distributed and marketed in the Philippines by any entity.
Consequently, respondents filed a Complaint for Patent Infringement, Damages, and Injunction,
with applications for the issuance of TRO and/or Writs of Preliminary Injunction against Sahar
before the Regional Trial Court (RTC), but the RTC denied respondents’ application for the
issuance of a writ of preliminary injunction against the alleged patent infringement of Sahar. The
Court of Appeals set aside the RTC’s decision. Hence, this petition.

ISSUE:

Whether or not Sahar infringes on the patent of the respondents.

HELD:

YES. The CA held that from the evidence presented, respondents have established their right to
preliminary injunctive relief against Sahar’s acts of selling and distributing Atorvastatin Calcium
under the brand name Atopitar, considering that: (a) Warner Lambert is the registered owner of
the subject patents which are still existing and effective; (b) Sahar does not deny that it has
been selling and distributing products using Atorvastatin and Atorvastatin Calcium in crystalline
form; and (c) respondents’ witnesses testified that the presence of Atopitaris causes confusion
among medical practitioners as to the availability of Lipitor and validity of the subject patents
registered under the name of Warner Lambert. The issue raised in the petition for certiorari is
the propriety of the issuance by the CA of the writ of preliminary injunction, which is only but an
incident to the patent infringement case which has already been resolved by the CA. Hence, the
SC held that the present case is already moot and academic.