TOWA wins PI from Munich Regional Court against Accord for bloodthinner dabigatran
In a dispute between two generic drug manufacturers, TOWA has secured a partial victory against its competitor Accord. Munich Regional Court issued an injunction regarding the tablet form of the active ingredient dabigatran etexilate mesilate. The medicine is a blood thinner. A decision by the Federal Patent Court on the validity of the patent is still pending; the preliminary ruling was in favour of the patent holder TOWA.
9 September 2026 by Christina Schulze
TOWA is a Japanese generic drug manufacturer which, like other generics manufacturers, continues to refine formulations and develops so-called value-added medicines. In this role, generics manufacturers also become patent holders. TOWA is therefore the owner of EP 2 817 000, which protects ‘oral pharmaceutical compositions of dabigatran exetilate’ and is a formulation patent relating to Boehringer’s originator product Pradaxa. The medicine is an anticoagulant used in adults and children to treat and prevent blood clots. Three researchers at Rubicon Research in Mumbai invented the formulation patent.
Generics manufacturer Accord was active in this market with its dabigatran etexilate hard capsules. Munich Regional Court, presided over by Hubertus Schacht, has now issued a preliminary injunction. The appeal period is ongoing.
EPO restricts the patent
Previously, the Federal Patent Court had issued a preliminary opinion in favour of the patent’s validity. The official decision is still pending. In January, the EPO’s Technical Board of Appeal upheld the patent in a limited form (case ID: T 1179/23).
In these proceedings, TOWA retained a team from Clifford Chance for the first time. It comprised Claudia Milbradt, Adrian Crespo, and Judith Dany. Oswin Ridderbusch and Jürgen Meier, patent attorneys at Vossius & Partner, conducted the nullity proceedings, in which Meier had the lead.
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- Claudia Milbradt
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- Oswin Ridderbusch
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- Jürgen Meier
TOAW has so far been largely absent from patent litigation before European courts, including as an opponent before the EPO, but according to the EPO register, it holds several hundred patents.
Regular representatives for Accord
Accord worked with its regular representatives, Bonabry. The team comprised lawyers Sarah Salaschek and Daniel Hoppe, as well as a patent attorney team from Hamm&Wittkopp led by Malte von Seebach. The two firms have announced they plan to merge at the turn of the year.
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- Daniel Hoppe
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- Sarah Salaschek
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- Malte von Seebach
Hamm&Wittkopp has also filed an opposition with the EPO. Bardehle Pagenberg has filed a further opposition on behalf of Aera. Glenmark Pharmaceuticals, however, has withdrawn its opposition.
ABG Intellectual Property Law in Madrid originally filed the patent on behalf of TOWA.
