Pharma — India Patent Cases
742 decisions indexed
Page 11 of 25 · 742 total
Allegro Pharmaceuticals Llc v.The Controller of Patents and Designs
Allegro Pharmaceuticals LLC filed a Transfer Civil Miscellaneous Appeal (Patents) seeking to set aside an earlier order and amend its claims to secure a patent. However, the appellant subsequently instructed their counsel to withdraw the appeal.
Oyster Point Pharma Inc. v.The Controller Of Patents And Designs Anr.
Oyster Point Pharma Inc. appealed the rejection of its patent application by the Assistant Controller, which cited prior art under Sections 2(1)(ja) and 3(d) of the Patents Act, 1970. The appellant argued that the mono-citrate salt demonstrated enhanced efficacy and stability, supported by experimental data filed during prosecution. The High Court found that the Controller failed to consider this crucial evidence regarding efficacy and stability.
Merck Sharp And Dohme Corp v.Neptune Life Sciences Pvt. Ltd.
The plaintiff alleged that the defendants were manufacturing and distributing generic versions of Sitagliptin under the trade name 'HAPPY JAAN M', infringing Indian Patent No. 209816. Although the suit patent had expired, the court decreed the suit against Defendant 2 based on its failure to file a response, directing it to pay damages.
Vifor International Ltd & Anr. v.Dr Reddys Laboratories Limited
Vifor International Ltd., a patentee, filed suit against Dr. Reddy's Laboratories Limited regarding the alleged infringement of its patent (IN'536) covering the manufacturing process of Ferric Carboxylmaltose (FCM). The court examined whether the defendants' processes infringed upon Vifor's patented method for producing this intravenous iron complex. The judgment ultimately found that the impugned processes used by the defendants were non-infringing, allowing them to proceed with launching their product.
Eris Lifesciences Limited v.Controller Of Patents & Anr.
The petitioners filed revocation petitions under Section 64 of the Patents Act, 1970. The respondents sought to transfer these petitions to the High Court of Himachal Pradesh to consolidate them with ongoing infringement suits related to Patent IN243301 covering Linagliptin. The court dismissed the applications for transfer/consolidation.
Novartis AG v.Sun Pharmaceuticals Limited
Novartis AG filed a Transfer Civil Miscellaneous Appeal seeking to set aside an earlier order and allow its patent application (No. IN/PCT/2001/00016/CHE) to proceed to grant. However, the appellant failed to note that Patent No. 223313 had already expired on May 16, 2023. Consequently, the Madras High Court dismissed the appeal as infructuous.
Abbvie Deutschland GmbH & Co Kg v.Assistant Controller of Patents and Designs, Government of India, Patent Office
Abbvie Deutschland GmbH & Co Kg filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier decision made by the Assistant Controller of Patents and Designs. The appeal sought to allow Application No. 2420/CHENP/2009 for patent grant. However, the appellant subsequently withdrew the appeal.
Pfizer Inc v.West-Coast Pharmaceutical Works Limited
Pfizer Inc filed a suit seeking permanent injunction against West-Coast Pharmaceutical Works Limited for infringing four patents covering Palbociclib and Crizotinib. The dispute centered on the Defendant's listing of these products for manufacture and sale, despite the existence of valid patents held by the Plaintiffs.
Bayer Healthcare Llc v.Natco Pharma Limited
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.
Pfizer Health AB v.The Assistant Controller of Patents
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.
Bayer Schering Pharma AG v.M/s.Cipla Ltd.
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.
Centaurus Pharma Pvt. Ltd v.Symed Labs Limited
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.
Centaurus Pharma Pvt. Ltd v.Symed Labs Limited
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.
Also at v.Morepen Laboratories Ltd.
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.
F.Hoffmann-La Roche Ltd v.Natco Pharma Limited
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.
Sankalp Rehabilitation Trust v.M/s.Merck Sharpe & Dohme Corp.
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.
Ajanta Pharma Limited v.Zodley Pharmaceuticals Private Limited
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.
Actelion Pharmaceuticals Ltd. v.ICOS Corporation of Eli Lilly and Company; The Controller of Patents
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.
Macgregor, Alexander v.Assistant Controller Of Patents And Designs & Anr.
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.
Zydus Healthcare Ltd. v.Assistant Controller Of Patents And Designs & Anr.
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.
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Angle Bio Pharma & Ors.
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.
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Cipla Limited
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.
Astrazeneca Ab v.Westcoast Pharmaceutical Works Limited
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.
Alpa Laboratories Limited v.Troikaa Pharmaceuticals Ltd And Anr.
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.
Vifor (International) Ltd v.J.B. Chemicals And Pharmaceuticals Limited
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'.
Vifor (International) Ltd & Anr. v.Cipla Limited
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.
Merck Sharp And Dohme Corp v.Solitaire Pharmacia Private Limited
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.
Millennium Pharmaceuticals, Inc v.The Controller Of Patents
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).
F.Hoffmann-La Roche Ltd. v.Aurobindo Pharma Limited
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.
Sugen, Inc. v.Mr. K Vijaya Prakash
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.
Dealing with a patent challenge?
Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.