American foreign-related patent research achievements

On March 22nd, Shanghai Stock Exchange announced the results of the 20th meeting of Shanghai Municipal Committee of Science and Technology Innovation Board 202 1, and the IPO of Suzhou Jingyun Pharmaceutical Technology Co., Ltd. (hereinafter referred to as "Jingyun Pharmaceutical") was suspended.

At the judging meeting, the Shanghai Municipal Committee inquired about the scientific and technological attributes of Jingyun Medicine. The company is required to combine the core technology, continuous research and development capability and technical advantages and disadvantages compared with comparable companies to explain whether the information disclosure of scientific and technological attributes meets the relevant information disclosure requirements.

Excessive dependence on overseas markets has intensified patent disputes.

According to the data, Jingyun Pharmaceutical provides specialized pharmaceutical crystal research and development solutions for global pharmaceutical companies. Headquartered in Suzhou, R&D centers have been set up in Beijing, New Jersey, USA and Toronto, Canada. All three actual controllers of the company have relevant experience in studying and working in the United States.

It is this founder background that makes Jingyun Medicine pay attention to exploring overseas markets from the very beginning. In the two years of 20 18 and 20 19, the income of Jingyun's innovative crystal technology and product development business was 47146,800 yuan and169,032 yuan, respectively, both from overseas customers.

According to the contents of the prospectus, during the reporting period, Jingyun Pharmaceutical was also involved in a patent dispute. This controversy has also attracted the attention of the Shanghai Municipal Committee.

According to the prospectus, "Novartis's original drug Entresto Shakuba Quvalsartan Sodium Tablets is a heavy drug against heart failure, with global sales of 65.438+72.6 million US dollars in 2065.438+09. The original drug used the crystal form formed by two active ingredients, and Novartis applied for a patent, which was the key point for the first generic drug research and development and patent challenge. * * * Crystal patents will expire in China and the United States in 2026 and 2027 respectively.

In the inquiry letter, the Shanghai Municipal Committee asked the issuer to comprehensively sort out the litigation-related matters during the reporting period in combination with the intellectual property risks disclosed in the tips on major issues, further explaining whether there is a high litigation risk in the issuer's business development and further explaining whether there is a high litigation risk in the issuer's business development.

Jingyun Medicine replied that the lawsuit was a strategic lawsuit by Novartis, the holder of new drug approval and the patentee of Shakuba Quvasartan Sodium Tablets, to delay the approval of the first generic drug application submitted by Cai Qiufeng. The lawsuit is currently in the pre-trial stage and the trial date is expected to be September 8 to September 23, 2022. According to the attorney's judgment, according to the information currently available, if the court obtains all relevant information, it is likely that the court will make a judgment in support of Cai Qiufeng, that is, the risk of losing the case is low.

Due to foreign-related patent litigation, the IPOs of the two companies were terminated.

It is not uncommon for enterprises to have patent litigation on the eve of listing. Previously, both Shanghai Top and Micronano were terminated due to pending foreign-related patent litigation, and it is still unknown whether Jingyun Medicine will repeat the same mistakes.

According to the micro-conductive nano-disclosure: On May 9, 20 19, NCD Company claimed that its "AL2O3 atomic layer deposition equipment-Kuafu series atomic layer deposition and coating system" belonged to its invention patent ZL20110434373.6 "Method and system for thin film deposition". Suzhou Intermediate People's Court of Jiangsu Province rejected NCD's claim. On May 29th, 2020, NCD Limited filed an appeal with the Supreme People's Court.

The final result of the patent dispute is still unknown. Even if Micronano restarts the IPO plan of the science and technology innovation board, it will inevitably make people sweat.

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