By Kim Rahn
A local drug maker’s anti-impotence pill did not violate the design right of Viagra, according to the Supreme Court, Friday.
The top court overturned a high court ruling that had ruled in favor of the U.S. pharmaceutical firm Pfizer and Pfizer Korea and against Hanmi Pharmaceutical, sending the case back to the high court.
The top court said that although Hanmi’s PalPal tab is in diamond shape and blue like Pfizer’s Viagra, such shape is common among pills.
“The name ‘PalPal’ and the company name are clearly written on the packing of the product. Also, both PalPal and Viagra are available only by prescription, so it is unlikely that consumers may confuse PalPal and Viagra,” it said.
Pfizer filed the suit in 2012 when Hanmi began producing PalPal as a generic drug after Viagra’s patent here expired, claiming PalPal copied Viagra’s design.
A district court ruled in favor of Hanmi, saying Viagra’s design was not that widely known to the public. But the high court overruled it, saying it seemed Hanmi tried to take advantage of Viagra’s reputation.
Since starting the production, PalPal has gained more popularity than Viagra ― some 4.4 million PalPal pills were prescribed in the first half of this year, about sevenfold Viagra.