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Analysis of Potential Compensation Risks in Zuoli Pharmaceutical's Bailing Capsule Patent Dispute

#patent_dispute #legal_risk #pharmaceutical #healthcare #risk_analysis #investment_research #虫夏草菌粉
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December 30, 2025

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Analysis of Potential Compensation Risks in Zuoli Pharmaceutical's Bailing Capsule Patent Dispute

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Analysis of Potential Compensation Risks in Zuoli Pharmaceutical’s Bailing Capsule Patent Dispute
1. Basic Case Information

According to public information, the patent dispute between Qinghai Everest Cordyceps Sinensis Pharmaceutical Co., Ltd. (a holding subsidiary of Zuoli Pharmaceutical (300181.SZ)) and Hangzhou Zhongmei Huadong Pharmaceutical Co., Ltd. (a wholly-owned subsidiary of Huadong Medicine) involves the following key elements [0][1]:

  • Involved Patent
    : Fermented Cordyceps sinensis powder invention patent
  • Claim Amount
    : Approximately 111 million yuan
  • Litigation Claim
    : The plaintiff demands the defendant to stop production and sales and compensate for losses
  • Case Progress
    : On December 12, 2025, the Zhejiang Higher People’s Court
    dismissed all the plaintiff’s claims
    in the first-instance judgment
2. Current Compensation Risk Assessment

From a legal perspective
, the current potential compensation risk is relatively controllable:

  1. Favorable first-instance result
    : The Zhejiang Higher People’s Court has dismissed all of Huadong Medicine’s claims in the first-instance judgment, which to some extent supports Zuoli Pharmaceutical’s defense position [0][1]

  2. Uncertainty remains
    : Huadong Medicine clearly stated in the announcement that it will
    appeal to the Supreme People’s Court
    [0][1], meaning the case has not yet been finalized

  3. Company risk reminder
    : Zuoli Pharmaceutical stated in the announcement that if the subsequent appeal is successful or the litigation continues, it may have an
    uncertain impact
    on operations and profits [0]

3. Key Factors Affecting Compensation Amount
  1. Patent validity determination
    : If the Supreme People’s Court finally determines that there are substantial differences between Zuoli Pharmaceutical’s production process and the patent technical features, the compensation risk will be significantly reduced

  2. Policy background impact
    : At the end of 2022, the National Medical Products Administration’s Center for Drug Evaluation released the “Technical Guidelines for the Research of Generic Drugs with the Same Name (Trial)”, which provided policy basis for the launch of Zuoli Pharmaceutical’s Bailing Capsule [0][1]

  3. Market share and loss calculation
    : The 111 million yuan compensation amount claimed by Huadong Medicine may be calculated based on its alleged market share loss. If it can be proven that the loss has no direct causal relationship with patent infringement, the amount may be significantly reduced

4. Comprehensive Risk Rating
Risk Dimension Current Assessment Explanation
Short-term Compensation Risk
Low First-instance victory, no immediate compensation pressure in the short term
Medium- and Long-term Risk
Moderate Uncertainty exists in the appeal result of the Supreme People’s Court
Production & Operation Impact
Low Bailing Capsule has been approved for market launch, product sales not affected
Performance Impact Risk
Controllable In Q1-Q3 2025, Bailing series revenue increased by 29.58% YoY, strong business growth [0]
5. Conclusions and Recommendations

Conclusions on Potential Compensation Risk Assessment
:

  1. Current Risk
    : Before the final judgment of the Supreme People’s Court, Zuoli Pharmaceutical does not need to pay any compensation for the time being, and the
    immediate compensation risk is low

  2. Worst-case Scenario
    : If the Supreme People’s Court revokes the first-instance judgment and supports part or all of Huadong Medicine’s claims, the potential compensation amount may range from
    0 to 111 million yuan
    , depending on the court’s determination of the degree of patent infringement and actual losses

  3. High-probability Scenario
    : Considering the first-instance judgment result and policy environment support, the
    probability of the final judgment maintaining the original verdict or significantly reducing the compensation amount is high

Investment Consideration Factors
:

  • The litigation result will not affect Zuoli Pharmaceutical’s legal sales qualification for Bailing Capsule
  • This product has already contributed significant performance growth to Zuoli Pharmaceutical (29.58% YoY growth in Q1-Q3 2025)
  • Even if an unfavorable judgment occurs, the compensation amount is still within the bearable range relative to the company’s scale and profitability

References

[0] Sina Finance - “3 Billion Yuan Market Battle: Huadong Medicine Defends Its Throne, Zuoli Pharmaceutical Attacks Violently” (https://finance.sina.com.cn/roll/2025-12-19/doc-inhckesc2042896.shtml)

[1] China Finance Online - “Behind the 356 Million Yuan ‘Takeover’: Zuoli Pharmaceutical’s Urgency and Careful Management” (http://mp.cnfol.com/28928/article/1766973139-142188486.html)

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