The Supreme People’s Court (SPC) of China has recently released its 2016 top 10 IP cases. For the first time, we saw a biotechnology patent case in such a list: PRB, Novozymes vs. Longda/Boli. In this case, SPC affirmed a new standard set by the Patent Reexamination Board (PRB) on allowance of a biological molecule.
The patent dispute
Novozymes AS (Novozymes) sued Shandong Longda Biotechnology (Londa) and Jiangsu Boli Bioproducts Co., Ltd (Boli) for infringing its Chinese patent 98813338.5 (338 patent), which derives from PCT/DK98/00520. Londa, and Boli then initiated validity challenges before the PRB.