Short Summary
The petitioner, suffering from HER2-Negative Metastatic Breast Cancer, sought an interim direction compelling the 3rd respondent (DPIIT) to consider their representation regarding the high cost of Ribociclib. The petitioner argued that since Ribociclib enjoys patent monopoly and is not manufactured in India, compulsory licensing under Section 92 of the Patents Act, 1970, was necessary for affordability.
Detailed Summary
of the Paris Local Division of the Unified Patent Court concerning a request for extension of time filed by the Bosch defendants. The judge-rapporteur rejected Bosch's request, finding that a non-redacted version of Valeo's 15 June 2026 filing had been deposited in the CMS simultaneously with the redacted version, and that Bosch had failed to exercise due diligence in accessing it. The court ruled that the deadlines under R.29(d) RdP run from 15 June 2026.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Kerala High Court. Understanding the court's reasoning in XXX vs Union Of India is valuable context for structuring arguments or assessing risk in similar proceedings.
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