Millennium Pharmaceuticals, Inc. & Anor v Zyfas Medical Co (Sued as a firm)

[2023] SGHC 360 High Court (General Division) 29 December 2023 HC/S 817/2019 194 min read
31 cases cited (18 SG, 13 foreign)

Key facts

Court High Court (General Division)
Decided
Judge Dedar Singh Gill
Charges / claim Intellectual Property

Source: [2023] SGHC 360, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Parties (3)

Case Significance

Millennium Pharmaceuticals, Inc and another v Zyfas Medical Co (sued as a firm) [2023] SGHC 360 is a reserved judgment of Dedar Singh Gill J in the General Division of the High Court, delivered on 29 December 2023 in Suit No 817 of 2019. The plaintiffs, Millennium Pharmaceuticals and Johnson & Johnson Pte Ltd, alleged that the defendant infringed two patents (SG 151322 and SG 10201600029P) claiming processes for manufacturing bortezomib, a drug used to treat multiple myeloma and mantle cell lymphoma, by supplying the drug to Singapore hospitals. The defendant denied infringement and counterclaimed for revocation; the court found one patent valid but not infringed and the other invalid for lack of inventive step.

[2023] SGHC 360 explained

Millennium Pharmaceuticals, Inc. & Anor v Zyfas Medical Co (Sued as a firm) ([2023] SGHC 360) is a Singapore judgment decided by the High Court (General Division) on 29 December 2023. It is categorised under Intellectual Property. It is a recent decision; within this corpus no later judgment has cited it yet. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2023] SGHC 360 about?

Millennium Pharmaceuticals, Inc. & Anor v Zyfas Medical Co (Sued as a firm) ([2023] SGHC 360) is a High Court (General Division) decision from 2023. Its published catchwords are “Intellectual Property — Patents and inventions — Validity”, “Intellectual Property — Patents and inventions — Licences”, and “Intellectual Property — Patents and inventions — Infringement”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGHC 360 consider?

The judgment refers to Health Products Act (Cap 122D), Patents Act (Cap 221), Supreme Court Judicature Act (Cap 322), and Supreme Court Judicature Act. The statutes cited are listed in full on this page, each linking to its primary text.

Summary

Millennium Pharmaceuticals and Johnson & Johnson Pte Ltd sued Zyfas Medical Co, alleging infringement of two patents claiming processes for manufacturing bortezomib, a drug for multiple myeloma and mantle cell lymphoma, by supplying the drug to hospitals in Singapore. The defendant denied infringement and counterclaimed for revocation, arguing the patents lacked novelty and inventive step. The court found one patent valid but not infringed, and the other invalid for lack of inventive step.

What did the court decide in Millennium Pharmaceuticals v Zyfas Medical [2023] SGHC 360?

Dedar Singh Gill J found one of the two bortezomib manufacturing-process patents valid but not infringed, and the other patent invalid for lack of inventive step, in a reserved judgment delivered on 29 December 2023.

What drug and patents were at issue in [2023] SGHC 360?

The dispute concerned Singapore patents SG 151322 and SG 10201600029P covering processes to manufacture bortezomib, a treatment for multiple myeloma and mantle cell lymphoma, which the plaintiffs said Zyfas Medical infringed by supplying the drug to hospitals.

Statutes Cited

Cases Cited (31)

SG (1)
[2020] SGHC 28
SLR (17)
[1999] 3 SLR(R) 1072 [2000] 2 SLR(R) 708 [2001] 2 SLR(R) 326 [2006] 1 SLR(R) 874 [2007] 1 SLR(R) 1021 [2008] 1 SLR(R) 335 [2010] 1 SLR 1 [2010] 2 SLR 724 [2011] 3 SLR 227 [2012] 2 SLR 482 [2018] 1 SLR 211 [2018] 1 SLR 856 [2018] 3 SLR 1334 [2018] 5 SLR 180 [2019] 1 SLR 645 [2020] 2 SLR 1044 [2023] 1 SLR 987
UK (13)
[2001] EWCA Civ 1440 [2004] EWHC 1163 [2004] EWHC 477 [2007] EWHC 1040 [2008] 4 All ER 621 [2008] EWHC 1379 [2008] UKHL 49 [2012] EWCA Civ 1234 [2012] EWCA Civ 1623 [2015] EWHC 1395 [2017] EWHC 2930 [2017] EWHC 3190 [2019] UKSC 15

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC 360)