[Ip-health] Excerpts from Pfizer's lawsuit against the Philippines and two of its government's employees

[Mike Palmedo]

The complete text of the Complaint is online here:
http://www.cptech.org/ip/health/c/phil/pfizer-v-pitc.pdf
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Republic of the Philippines Regional Trial Court - National Capial
Judicial Region, Makati City Branch

Pfizer Limited (United Kingdom) and Pfizer, Inc. (Philippines)

versus

The Philipppine International Trading Corporation, BFAD Director Leticia
Barbara B. Gutierrez, BFAD LICD Officer-In-Charge Emilio L. Polig, Jr.,
and the Bureau of Food and Drugs

COMPLAINT

[snip]

3. Defendant Philippine International Trading Corporation (hereafter,
"PITC") is a government-owned international trading corporation
primarily tasked to export, import, and market a wide range of
commodities, industrial products and consumer goods. PITC's principal
office is located at the National Development Company Building, 116
Tordesillas Street, Salcedo Village, Makati City, where it may be served
summons and other processes of this Honorable Court.

4. Defendant Leticia Barbara B. Gutierrez (hereafter, "Director
Gutierrez") is the current Director of the Bureau of Food and Drugs
("BFAD"), a government regulatory agency under the Department of Health,
created pursuant to Executive Order ("E.O.") No. 851 to administer and
supervise the implementation of the provisions of R.A. No. 3720,
otherwise known as the "Food, Drug ad Cosmetic Act." Director Gutierrez
holds office at Civic Drive, Filinvest Corporate City, Alabang,
Muntinlupa City, where she may be served summons and other processes of
this Honorable Court.

5. Defendant Atty. Emilio L. Polig, Jr. (hereafter, "Atty. Polig") is
the Officer-in-Charge of the Legal , Information and Compliance Division
("LICD") of the BFAD and holds office at Civic Drive, Filinvest
Corporate City, Alabang, Muntinlupa City, where he may be served summons
and other processes of this Honorable Court.

6. Defendant BFAD is a government regulatory agency under the Department
of Health, created pursuant to Executive Order ("E.O.") No. 851. Its
prinicapal office is located at Civic Drive, Filinvest Corporate City,
Alabang, Muntinlupa City, where it may be served summons and other
processes of this Honorable Court.

Allegations Common to All Causes of Action

7. Pfizer UK is the registered owner of the invention called
"Improvements in Pharmaceutically Acceptable Salts of Amlodipine,"
evidenced by Philippine Letters Patent No. 24348 issued on 13 June 1990
by the Intellectual Property Office ("IPO"). [2] Pursuant to R.A. No.
165, the law then in force, Pfizer UK's product patent is valid for 17
years, or until 13 June 2007.

[snip]

Causes of Action Against BFAD

First Cause of Action: Inducement of Patent Infringement

32. Apart from direct patent infringement, Section 76.6 of the IP Code
likewise proscribes the inducement of patent infringement by making such
individual or entity jointly and severally liable with the infringer, thus:

Anyone who actively induces the infringement of a patent or provides the
infringer with a component of a patented product or of a product
produced because of a patented process knowing it to be especially
adopted for infringing the patented invention and not suitable for
substantial non-infringing use shall be liable as a contributory
infringer and shall be jointly and severally liable with the infringer.

33. By allowing the submission of samples of, conducting experimentation
on, and issuing the PIDRs in favor of PITC for amlodipine besylate,
despite having full knowledge of Pfizer UK's valid and existing patent
thereon, BFAD Director Gutierrez and Atty. Polig committed ultra vires
acts, outside the scope of their duties in BFAD, insofar as they
actively induced and facilitated PITC's infringement of the subject
patent. The PIDRs do no in any way indicate that such may only be used
as authority for market distribution upon the expiration of the patented
compound. On the strength of the BFAD's PIDRs alone, PITC can
immediately proceed to import, market, sell and distribute Pfizer UK's
amlodipine besylate.

[snip]

Plaintiffs replead the foregoing and further state:

38. Based on the foregoing acts of patent infringement, Pfizer UK's
rights must be recognized and vindicated. PITC, BFAD Director Gutierrez,
and Atty. Polig should be jointly and severally assessed the amount of P
500,000 as and by way of nominal damages.

39. By way of example or correction for the public good, with the
objective of promoting respect for the intellectual property rights of
Pfizer, UK and others who may be similarly situated, and to prevent
others from committing the same acts done by PTIC and the foregoing
officers of BFAD, PITC, BFAD Director Gutierrez and Atty. Polig, should
be jointly and severally assessed at least P 500,000 in exemplary damages.

[snip]

RELIEF: Wherefore, plaintiffs respectfully pray that this Honorable Court=
=85

(d) After trial, render judgement=85

(2) ordering PITC, BFAD Director Gutierrez and Atty. Polig to jointly
pay plaintiffs the following amounts:

(i) at least P 500,00 as nominal damages;
(ii) P 500,000 as exemplary damages; and
(iii) P 400,000 as attorney's fees and litigation expenses;
(iv) Costs of this suit