DSP accuses CSPC of amoxicillin patent infringement

By Gareth Macdonald

- Last updated on GMT

DSP accuses CSPC of amoxicillin  patent infringement
DSM Sinochem Pharmaceuticals (DSP) says tests prove CSPC Pharmaceutical Group Ltd infringed on amoxicillin production patent.

DSP made the comments after filing a lawsuit accusing CSPC and several subsidiaries of infringing on patent 1,610,766 B1​ covering the production of low water content amoxicillin trihydrate.

In the suit, filed in the District Court of The Hague, Afdeling Handel, Netherlands, DSP is seeking compensation and a permanent injunction to prevent CSPC using its intellectual property to make and sell amoxicillin active pharmaceutical ingredient (API).

A DSP spokeswoman told us “We have bought commercial samples from CSPC and were able to test and confirm that their product was within the scope of our patent claims.​ 

Thus, we have decided to file this litigation to seek damages and a permanent injunction on the sale to the Netherlands​.”

According to its 2016 report​, CSPC made HK$619,611 ($79,384) from the sale of bulk antibiotics.


The lawsuit is the third DSP has filed against a Chinese API maker this year.

In March, it accused Sinopharm Weiqida Pharmaceutical of infringing on the same patent.  

A second lawsuit, filed in High Court of Delhi at New Delhi, India, DSP accused Weiqida of infringing on Indian Patent Number 247,301​, which covers an enzymatic process for the production of amoxicillin trihydrate.

The firm announced it had won the case in May​.

However, DSP's spokeswoman told us "We were granted an injunction in India. However, subsequently, the Court granted Weiqida’s appeal to have the full case on the Merits heard, but the injunction thus far remains in place. The case on the Merits has not yet started​."

Singapore headquartered DSP is a 50/50 joint venture between Netherlands-based Royal DSM and China’s Sinochem Group.

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