Industry Sector

Pharma — India Patent Cases

730 decisions indexed

Page 11 of 25 · 730 total

patent defendant favorable ★ Landmark · Jul 5, 2023

Bayer Healthcare Llc v.Natco Pharma Limited

Delhi High Court · CS(COMM) 343/2019 & I.As. 8878/2019

Bayer Healthcare LLC sought an interim injunction against Natco Pharma Limited regarding the patented anti-cancer drug, REGORAFENIB. The Delhi High Court examined the plaintiff's claim, noting that while the patent was validly granted, the plaintiff failed to establish a prima facie case for injunction. Crucially, the court considered the public interest, highlighting the significant price disparity between Bayer's imported product and Natco's domestically manufactured, affordable version.

patent dismissed · Jul 4, 2023

Bayer Schering Pharma AG v.M/s.Cipla Ltd.

Madras High Court · (T)CMA(PT)/27/2023

Bayer Schering Pharma AG filed a Transfer Civil Miscellaneous Appeal seeking to set aside an earlier patent office order. The appellant argued that the relevant patent term had expired in August 2020, rendering the matter infructuous.

patent dismissed · Jul 4, 2023

Pfizer Health AB v.The Assistant Controller of Patents

Madras High Court · (T)CMA(PT)/28/2023 (OA/15/2014/PT/CH)

Pfizer Health AB filed a Transfer Civil Miscellaneous Appeal against an order passed by The Assistant Controller of Patents. The appellant argued that the relevant Patent No. 229260 had expired in November 2019, rendering the matter infructuous.

patent dismissed · Jul 3, 2023

Centaurus Pharma Pvt. Ltd v.Symed Labs Limited

Madras High Court · (T)OP(PT)/50/2023

Centaurus Pharma Pvt. Ltd filed an Original Petition seeking the revocation of Patent No. IN213062 held by Symed Labs Limited before the Madras High Court. However, the petitioner subsequently moved a memo to withdraw the petition.

patent dismissed · Jul 3, 2023

Centaurus Pharma Pvt. Ltd v.Symed Labs Limited

Madras High Court · (T)OP(PT)/51/2023

Centaurus Pharma Pvt. Ltd filed an Original Petition seeking the records and proceedings related to Patent No. IN213063 held by Symed Labs Limited, with the intent to revoke and set aside the patent. However, the petitioner subsequently filed a memo requesting permission to withdraw the petition.

patent settled · Jun 30, 2023

Also at v.Morepen Laboratories Ltd.

Madras High Court · C.S(Comm. Div.)No.111 of 2021

The plaintiff filed a civil suit seeking permanent injunction and delivery up of stocks against Morepen Laboratories Ltd. for alleged infringement of three registered patents related to SAROGLITAZAR free acid and its magnesium salt. The dispute was subsequently settled out of court through a Joint Compromise Memo, which the Court recorded.

patent dismissed · Jun 22, 2023

F.Hoffmann-La Roche Ltd v.Natco Pharma Limited

Madras High Court · (T)OP(PT)39/2023

F.Hoffmann-La Roche Ltd filed a petition seeking the revocation of Patent No. 236791 from the patent register. However, the petitioner subsequently instructed their counsel to withdraw the petition.

patent defendant favorable · Jun 14, 2023

Sankalp Rehabilitation Trust v.M/s.Merck Sharpe & Dohme Corp.

Madras High Court · (T)OP(PT)/44 of 2023 & (T)OP(PT)/48 of 2023

Sankalp Rehabilitation Trust filed two Original Petitions seeking the revocation and removal of Patents No. 207233 and 234103, both held by M/s. Merck Sharpe & Dohme Corp., in the Madras High Court. The petitioner sought to transfer these matters for adjudication regarding patent invalidity. However, the court noted that both patents had already expired on March 24, 2019. Consequently, the petitions were dismissed as infructuous.

patent settled · Jun 12, 2023

Ajanta Pharma Limited v.Zodley Pharmaceuticals Private Limited

Bombay High Court · 59-ial-4336-2023

The Commercial IP Suit filed by Ajanta Pharma Limited against Zodley Pharmaceuticals Private Limited was settled out of court. The Bombay High Court passed an order accepting the Consent Minutes, disposing of the suit and interim applications accordingly.

patent dismissed · Jun 12, 2023

Actelion Pharmaceuticals Ltd. v.ICOS Corporation of Eli Lilly and Company; The Controller of Patents

Madras High Court · (T)OP(PT)/52 of 2023

Actelion Pharmaceuticals Ltd filed an Original Petition seeking the revocation of Indian Patent No. 235242 before the Madras High Court. The court noted that the patent had already expired on April 26, 2016.

patent pending · May 30, 2023

Macgregor, Alexander v.Assistant Controller Of Patents And Designs & Anr.

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 14/2023

The appellant challenged the Assistant Controller's order dated November 19, 2020, which rejected Patent Application No. 3036/DELNP/2012 for 'Derivatives of Di(phenylpropanoid) Glycerol'. The court first condoned a delay of 479 days in re-filing the appeal and subsequently issued directions to list the matter before the Joint Registrar.

patent interim order · May 22, 2023

Zydus Healthcare Ltd. v.Assistant Controller Of Patents And Designs & Anr.

Delhi High Court - Orders · W.P.(C)-IPD 23/2023

Zydus Healthcare Ltd. challenged the grant of Patent IN 426553 by alleging that the claims were broadened beyond the original filing scope, violating Section 59 of the Patents Act, 1970. The court issued an interim order addressing procedural matters (CM 61/2023) and directed notice to all parties for further consideration of the main petition.

patent settled · May 17, 2023

Bristol Myers Squibb Holdings Ireland Unlimited Company v.Angle Bio Pharma & Ors.

Delhi High Court · CS(COMM) 178/2022

The dispute involved allegations of patent infringement concerning the drug 'Apixaban' (Patent IN 247381). The parties reached a comprehensive settlement agreement with all defendants. The court accepted the terms, decreeing the suit subject to the agreed-upon conditions.

patent settled · May 17, 2023

Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Cipla Limited

Delhi High Court · CS(COMM) 688/2019

The dispute between Bristol-Myers Squibb Holdings Ireland and Cipla Limited regarding the commercialization of Apixaban was amicably settled. The defendant confirmed that it did not commercialize the drug under the brand name APIGY until after the expiry of the suit patent.

patent defendant favorable · May 15, 2023

Astrazeneca Ab v.Westcoast Pharmaceutical Works Limited

Delhi High Court · CS(COMM) 101/2022

This Delhi High Court judgment addressed the defendant's application to reject the plaintiff's patent infringement suit. The court rejected arguments regarding lack of pecuniary jurisdiction, clarifying that specific allegations of ongoing sales negate the 'mere apprehension' standard used in previous cases. Furthermore, the court dismissed the contention based on the Aloys Wobben controversy, holding that pending post-grant opposition proceedings do not automatically preclude the institution of an infringement suit.

patent pending · May 4, 2023

Alpa Laboratories Limited v.Troikaa Pharmaceuticals Ltd And Anr.

Delhi High Court - Orders · C.O.(COMM.IPD-PAT) 70/2022 & I.As. 20210/2022, 1937/2023

The court heard arguments regarding the maintainability of a revocation petition filed by Alpa Laboratories Limited, which was based on the apprehension that Troikaa Pharmaceuticals Ltd would institute an infringement suit. The court directed parties to seek instructions and re-notify the matter.

patent interim order · May 1, 2023

Vifor (International) Ltd v.J.B. Chemicals And Pharmaceuticals Limited

Delhi High Court · CS(COMM) 241/2023 and CS(COMM) 242/2023

Plaintiffs filed suits seeking permanent injunction against defendants for infringing Indian Patent No. 221536, which covers the drug FERRIC CARBOXYMALTOSE. The dispute arose after plaintiffs discovered marketing material for generic versions launched by the defendants under names 'JBCARB' and 'CipFCM'.

patent interim order · May 1, 2023

Vifor (International) Ltd & Anr. v.Cipla Limited

Delhi High Court · CS(COMM) 241/2023 and CS(COMM) 242/2023

Vifor filed suits seeking permanent injunction against Cipla and J.B. Chemicals for allegedly infringing Indian Patent No. 221536, which covers the water-soluble iron carbohydrate complex (FERRIC CARBOXYMALTOSE). The dispute arose after plaintiffs discovered marketing material for generic versions of their patented drug. The court considered arguments regarding the patent's nature and previous injunction orders before deciding on the continuation of status quo.

patent In favor of Plaintiff · Apr 28, 2023

Merck Sharp And Dohme Corp v.Solitaire Pharmacia Private Limited

Delhi High Court · CS(COMM) 270/2021; I.A. 7219/2021

The dispute was settled with the acknowledgment of the plaintiff's rights to use the patent related to Sitagliptin. The defendant confirmed they did not engage in any activities constituting infringement during the patent's validity.

patent remanded · Apr 27, 2023

Millennium Pharmaceuticals, Inc v.The Controller Of Patents

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 367/2022

Millennium Pharmaceuticals appealed the refusal of its patent application (No. 9677/DELNP/2011), which had been rejected under Section 3(e) of the Patents Act, 1970. The High Court allowed the appeal and set aside the impugned order, remanding the matter to reconsider only the objection raised under Section 3(e).

patent dismissed · Apr 26, 2023

F.Hoffmann-La Roche Ltd. v.Aurobindo Pharma Limited

Madras High Court · (T)OP(PT)28/2023

F.Hoffmann-La Roche Ltd. filed a petition seeking revocation of Indian Patent No. 216665 against Aurobindo Pharma Limited and the Controller of Patents. The court noted that the patent's term had expired on June 24, 2014, rendering the matter infructuous.

patent plaintiff favorable · Apr 25, 2023

Sugen, Inc. v.Mr. K Vijaya Prakash

Delhi High Court · 2023:DHC:2918

Sugen, Inc. filed applications alleging that Mr. K Vijaya Prakash and associated defendants willfully violated an injunction order passed by the Delhi High Court in 2016. The original suit concerned the infringement of three patents covering the drug Crizotinib (marketed as Xalkori®). Plaintiffs presented evidence, including photographs and investigator reports, suggesting the manufacturing and sale of the generic product 'CRIZO SPL™' after the injunction was issued. The court found that Defendant No. 1 had control over the infringing entities, leading to a finding of wilful contempt against him.

patent dismissed · Apr 21, 2023

F.Hoffmann-La Roche Ltd v.Mylan Laboratories Limited

Madras High Court · (T)OP(PT)42/2023

F.Hoffmann-La Roche Ltd filed a petition seeking the revocation of Patent No. 205706 held by Mylan Laboratories Limited and the Controller of Patents. However, the court noted that the term of Patent No. 205706 had already expired on June 4, 2021.

patent dismissed · Apr 21, 2023

Ranbaxy Laboratories Ltd. v.Novartis AG

Madras High Court · (T)OP(PT)47/2023 ORA/39/2014/PT/CHN

Ranbaxy Laboratories Ltd. filed a petition seeking the revocation of Patent No. 212815 titled “N-substituted 2-cyanopyrrolidines” under Section 64 of the Patents Act, 1970. The court dismissed the petition as infructuous after noting that the patent term had already expired and the petitioner had previously requested withdrawal.

patent dismissed · Apr 21, 2023

F.Hoffmann-La Roche Ltd v.Matrix Laboratories Limited

Madras High Court · (T)OP(PT)43/2023

F.Hoffmann-La Roche Ltd filed a petition seeking revocation of Patent No. 224634, which was granted to Matrix Laboratories Limited. The court noted that the term of Patent No. 224634 had expired on the date of the judgment.

patent dismissed · Apr 21, 2023

F.Hoffmann-La Roche Ltd v.Natco Pharma Limited

Madras High Court · (T)OP(PT)41/2023 ORA/22/2014/PT/CHN

F.Hoffmann-La Roche Ltd filed a petition seeking the revocation of Patent No. 252762. The court noted that the term of this patent had already expired on February 3, 2014.

patent pending · Apr 17, 2023

Arena Pharmaceuticals, Inc. v.The Assistant Controller Of Patents And Designs

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 9/2023

Arena Pharmaceuticals filed an appeal against the Assistant Controller's order rejecting its patent application. The appellant argued that certain grounds for rejection were not addressed during the hearing notice and pointed out inconsistencies within the rejection order.

patent dismissed · Apr 17, 2023

Matrix Labs. Limited v.Astellas Pharma Europe Bv

Madras High Court · (T)OP(PT)20/2023 ORA/2/2011/PT/CH

Matrix Labs. Limited filed a petition seeking revocation of Indian Patent No. 234753. However, the court noted that the term of the subject patent had already expired on June 25, 2017.

patent pending · Apr 11, 2023

Esteve Pharmaceuticals S.A. v.Controller Of Patents And Designs

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 118/2022

Esteve Pharmaceuticals S.A. appealed a rejection order issued by the Controller of Patents and Designs regarding its Indian Patent Application No. 1435/DELNP/2012. The application, which relates to a co-crystal formulation of Tramadol and Celecoxib, was rejected for lacking novelty and inventive step under Section 3(d) and (e).

patent settled · Apr 10, 2023

Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Indoco Remedies Limited

Delhi High Court · CS(COMM) 731/2019

The dispute between Bristol-Myers Squibb Holdings Ireland and Indoco Remedies Limited regarding the validity and infringement of patent IN 247381 for Apixaban was amicably resolved through mediation. The defendant acknowledged the patent's validity until its expiry date (September 17, 2022) and confirmed discontinuing all related activities.

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