Pharma — India Patent Cases
742 decisions indexed
Page 10 of 25 · 742 total
Ischemix Llc v.The Controller Of Patents
Ischemix LLC appealed a refusal of its patent application, which covered an isomer used to treat ischemia. The refusal was based on Section 3(d) of the Patents Act, 1970, requiring demonstration of 'enhanced therapeutic efficacy.' The court acknowledged the strict interpretation required by law but noted that the Patent Office had failed to consider various supporting data provided by the applicant. Consequently, the High Court directed the record back to the Patent Office for re-examination and final adjudication within a stipulated timeframe.
Eupharma Laboratories Ltd. v.Brawn and Burk Pharmaceuticals Pvt. Ltd.
Eupharma Laboratories Ltd. filed a civil suit against Brawn and Burk Pharmaceuticals Pvt. Ltd., seeking permanent injunctions for infringing the 'MALOXINE' trademark and copyrighted carton design, as well as damages for passing off. The original prayer sought to restrain the defendant from using similar marks or designs on pharmaceutical products. However, given that the plaintiff company had been wound up and remained inactive in prosecuting this very old suit since 1998, the Madras High Court dismissed the case for non-prosecution.
F.Hoffmann-La Roche Ag v.The Controller of Patents and Designs, Government of India
F.Hoffmann-La Roche Ag filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier decision by the Controller of Patents and Designs concerning Patent No. 207232. The appellant subsequently instructed counsel to withdraw the appeal due to the expiry of the patent term.
Biotron Limited v.The Controller General Of Patents & Designs & Anr
Biotron Limited appealed a rejection of its patent application concerning novel antiviral compounds. The initial rejection was based on lack of inventive steps, insufficient disclosure, and non-patentability under Section 3(d) of the Patents Act, 1970. The High Court set aside the impugned order and remanded the matter for fresh adjudication.
F.Hoffmann-La Roche Ag v.The Controller of Patents and Designs, Government of India
F.Hoffmann-La Roche Ag filed an appeal challenging an order passed by The Controller of Patents and Designs regarding Patent No. 208718. However, the petitioner subsequently informed the court that the patent had expired on October 1, 2019.
Laurus Labs Pvt Ltd v.H.Lundbeck A/S
Laurus Labs Pvt Ltd filed a Transfer Original Petition seeking the revocation of Indian patent No. 229919 held by H. Lundbeck A/S under Section 64 of the Patents Act, 1970. The court observed that the term of the said patent had already expired on July 12, 2021.
Sucampo Pharma Llc v.M/s.Assistant Controller of Patents and Designs, Government of India
Sucampo Pharma LLC filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier order issued by the Assistant Controller of Patents. The appeal sought to set aside the 2016 order and allow the patent application to proceed for grant.
Pankaj Ravjibhai Patel Trading As Rakesh Pharmaceuticals v.Sss Pharmachem Pvt. Ltd.
This appeal before the Delhi High Court addressed critical procedural issues concerning IPR litigation under the Commercial Courts Act. The court clarified that despite the plaintiff's freedom to value a suit, this principle cannot be used to undervalue IPR disputes below the Rs. 3 lakh threshold to avoid the rigors of the CCA. The judgment mandates that intangible rights must be ascribed a 'specified value,' considering both the relief sought and the market value of the IP right involved. Consequently, the court allowed the appeal, set aside the order vacating the injunction, and remanded the matter for fresh adjudication.
Array Biopharma Inc v.Deputy Controller Of Patents And Designs
Array Biopharma Inc filed an appeal challenging the rejection of its patent application (No.450/DELNP/2015) by the Deputy Controller of Patents and Designs on June 30, 2023. The court issued notice and directed written submissions from the Respondent.
University College London v.Assistant Controller of Patents and Designs, Government of India
University College London appealed the rejection of its patent application for a 'COLONIC DRUG DELIVERY FORMULATION'. The Controller rejected the application, citing prior art and lack of inventive step. The High Court set aside the rejection order, finding that the Controller failed to engage with the specific submissions made by the appellant.
University College London v.Assistant Controller of Patents and Designs, Government of India
University College London appealed the rejection of its patent application for a 'COLONIC DRUG DELIVERY FORMULATION' by the Assistant Controller. The Controller rejected the application, citing lack of inventive step based on prior art documents D1 to D6. The High Court set aside the impugned order, finding that the Controller failed to engage with the appellant's specific arguments and remanded the matter for reconsideration.
Merck Sharp And Dohme Corp. v.Sms Pharmaceuticals Limited
Plaintiffs filed a suit seeking an injunction against the manufacture and sale of Sitagliptin products by the Defendant. The parties subsequently resolved their disputes through a settlement agreement dated September 15, 2023, which was recorded by the Court.
Bristol-Myers Squibb Holdings Ireland Unlimited Company & Ors. v.Torrent Pharmaceuticals Limited
The dispute concerning the infringement of Patent IN 247381 related to Apixaban was settled through mediation. The settlement agreement required the defendant to confirm it did not distribute 'Apixaban' in India during the patent term and agreed not to challenge its validity.
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Triveni Interchem Private Limited
The dispute involved allegations of patent infringement concerning the drug 'Apixaban'. The parties reached separate settlement agreements with Defendants 1 & 2 and Defendant 3, mediated by the Delhi High Court. The court subsequently decreed the suit based on these terms.
Idorsia Pharmaceuticals Ltd v.The Assistant Controller Of Patents And Designs
Idorsia Pharmaceuticals Ltd appealed the Assistant Controller of Patents and Designs' order rejecting its patent application for 'N-substituted indole derivatives as PGE2 receptor modulators'. The appellant argued that it was not given a proper opportunity to justify the inclusion of the expression 'pharmaceutically acceptable salts' in its claims before the rejection. The High Court set aside the rejection order and remanded the matter.
Astrazeneca Ab v.USV Private Limited
AstraZeneca filed a suit for infringement against USV Private Limited regarding the pharmaceutical preparations covered by three patents, including those for 'TICAGRELOR'. The parties subsequently resolved their disputes amicably and filed an application under Order XXIII Rule 3 CPC to record the settlement.
Vifor International Ltd. v.Biological E Limited
Vifor International Ltd., the patentee, filed a suit against Biological E Limited regarding alleged infringement of its patent (IN 221536) covering water-soluble iron carbohydrate complexes. The dispute centers on the use and manufacture of FCM for intravenous iron deficiency therapy. Given the impending expiry of the patent tenure in October 2023, the court issued interim directions. These directions mandate that the defendants maintain detailed accounts of their manufacturing and sales of FCM until the patent expires, while simultaneously prohibiting them from using the specific process claimed by Vifor.
Vifor (International) Ltd. v.Eris Lifesciences Limited
The court addressed several interim applications filed by Vifor (International) Ltd. in various suits, including CS(COMM) 505/2022. Following a prior judgment by a Coordinate Bench dismissing the plaintiffs' interim injunction applications, the status quo orders were vacated, subject to conditions preventing defendants from following the patented process IN 221536.
Vifor (International) Ltd. v.Eris Lifesciences Limited
This order addresses various applications seeking interim directions in suits related to the patent IN 221536. The court vacated previous status quo orders following a Coordinate Bench's dismissal of injunction applications, but imposed conditions that defendants must not follow the patented process and must maintain complete sales accounts.
Vifor (International) Ltd. v.Eris Lifesciences Limited
The plaintiffs sought interim directions based on a prior Division Bench order. The court noted that a Coordinate Bench had dismissed the plaintiffs' interim injunction applications concerning patent IN 221536. Consequently, the status quo orders previously passed were vacated, subject to conditions preventing defendants from following the patented process.
Vifor (International) Ltd. v.Eris Lifesciences Limited
The court addressed several interim applications filed by Vifor (International) Ltd. in various suits, primarily concerning the patent IN 221536 related to Water Soluble Iron Carbohydrate Complex. Following a prior judgment by a Coordinate Bench dismissing plaintiffs' interim injunction applications, the status quo orders were vacated, subject to conditions preventing defendants from following the patented process.
Vifor (International) Ltd. v.Eris Lifesciences Limited
This order addresses various applications seeking interim directions in multiple commercial suits related to Patent IN 221536. The court noted that a Coordinate Bench had dismissed the plaintiffs' interim injunction applications, leading to the vacation of previous status quo orders. The court declined to grant an immediate direction for deposit of entire sales amount but directed defendants to maintain and file complete accounts of sales.
Merck Sharp & Dohme Llc v.Sanjeev Gupta & Ors
The commercial suit for patent infringement (CS(COMM) 823/2018) between Merck Sharp & Dohme Llc and Sanjeev Gupta & Ors was settled. The parties agreed that the suit would be decreed in favor of the Plaintiffs, acknowledging the validity of Patent IN'816 and the Defendants' infringing activities.
Centaur Pharmaceuticals Pvt.Ltd v.La Renon Health Care Pvt.Ltd.
Centaur Pharmaceuticals Pvt.Ltd filed a suit against La Renon Health Care Pvt.Ltd. and Stanford Laboratories Pvt. Ltd. alleging infringement of their Patent No. 224100, seeking an injunction, accounts, seizure, and Rs. 1 crore in damages. However, the plaintiff subsequently withdrew the suit.
Helsinn Healthcare Sa v.Zydus Healthcare Limited
The plaintiff alleged that the defendant was infringing Indian Patent No. 426553, which covers a combination therapy (Netupitant and Palonosetron) used as an antiemetic for CINV. The court registered the plaint as a suit and directed both parties to file their respective written statements and pleadings.
W R Grace And Co Conn v.The Controller Of Patents
W R Grace & Co Conn appealed the Patent Office's refusal of its patent application (201717030699), which related to a crystalline form of Nicotinamide Riboside. The refusal was based on lack of inventive step and failure to meet requirements under Sections 3(d) and 3(e). The Appellant subsequently filed amended claims restricting the scope to the method aspect, leading the Court to remand the matter for fresh examination by the Patent Office.
Supernus Pharmaceuticals Inc v.The Assistant Controller of Patents and Designs, Government of India
Supernus Pharmaceuticals Inc filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier decision regarding its patent application. The appellant subsequently instructed their counsel to withdraw the appeal.
Macleods Pharmaceuticals Limited v.Boehringer Ingelheim Pharma GmbH & Co. KG
Macleods Pharmaceuticals Limited filed an information alleging that Boehringer Ingelheim (OP-1 and OP-2) was abusing its patent rights, specifically using the Second Patent to prohibit competitors from using 'Linagliptin' after the First Patent expired. The Commission found no prima facie case warranting an investigation into the matter.
Takeda Pharmaceutical Co. Ltd v.Controller Of Patents And Designs
Takeda Pharmaceutical Co. Ltd filed an appeal under Section 117A of the Patent Act, 1970, challenging the Deputy Controller of Patents & Designs' order dated April 12, 2023, which rejected its application for patent registration.
Dr. Reddys Laboratories Limited & Anr. v.The Controller Of Patents & Ors.
The petitioner sought a stay of proceedings in the patent revocation petition (CO (Comm. IPD-PAT) 3/2021) under Section 10 of the CPC, citing a previously instituted suit filed by Respondent 2 (Boehringer Ingelheim International GmbH) before the High Court of Himachal Pradesh. The court analyzed whether a revocation petition and an infringement suit have identical issues and causes of action.
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