Otsuka Pharmaceutical Co., Ltd.

February 10, 2022

Favorable Judgment on Lawsuit on Patent Right Held in Relation to Otsuka Pharmaceutical Foods Containing Equol

Otsuka Pharmaceutical Co., Ltd. hereby announces that the company has obtained a favorable judgment in a patent infringement action against Daicel Corporation (hereinafter "Daicel") and Advanced Medical Care Inc. (hereinafter "AMC").

With respect to the company's patent right for equol-containing foods (Patent Registration No. 6275313; Title of Invention: Equol-containing extract and method for producing the same, equol extraction method, and food containing equol; hereinafter the "Patent Right"), Otsuka Pharmaceutical filed a patent infringement action* arguing that Daicel's act of manufacturing and selling of "Flavocell EQ-5" and AMC's act of manufacturing and selling of "Equol + Lactobionic Acid" using "Flavocell EQ-5" as a raw material infringe on the patent.
On February 9, 2022, the Intellectual Property High Court accepted Otsuka Pharmaceutical's arguments and delivered a judgment upholding a claim for injunction.

In this case, although the Tokyo District Court, the court of first instance, rendered a judgment dismissing the Otsuka Pharmaceutical's claim on September 17, 2020, the Intellectual Property High Court, the court of second instance, overturned the judgment of first instance and ruled in favor of the company.

Because of this judgment, Daicel is prohibited from manufacturing and selling "Flavocell EQ-5" and AMC is prohibited from manufacturing and selling "Equol + Lactobionic Acid" using "Flavocell EQ-5" as a raw material.

Otsuka will continue to vigorously defend and protect its inventions in relevant fields of technology, and provide safe and high-quality products and information to support people's health based on scientific evidence.

* Court
Intellectual Property High Court
Case number
2020 (Ne) #10059
Case name
Appeal Case Seeking Injunction against Infringement of Patent Right
Appellant (First Trial Plaintiff)
Otsuka Pharmaceutical Co., Ltd.
Appellee (First Trial Defendant)
Daicel Corporation
Appellee (First Trial Defendant)
Advanced Medical Care Inc.

Otsuka Pharmaceutical Foods Containing Equol

EQUELLE was launched in April of 2014 as the supplement containing equol, made by fermenting a soy isoflavone component with lactic acid bacterium. The product was initially sold as a basic supplement to support the health and beauty of women aged 40 and over.
The EQUELLE product line has since been expanded by the addition of equol-containing Equelle Gelée and tocoelle, products developed to support women during different life-stage transitions.