Pharma — India Patent Cases
967 decisions indexed
Page 13 of 33 · 967 total
Sunovion Pharmaceuticals Inc. v.The Assistant Controller of Patents and Designs, Patent Office, IPR Building, SIDCO Plot, GST Road, Guindy, Chennai 600 032
Sunovion Pharmaceuticals Inc. filed a Transfer Civil Miscellaneous Appeal (Patents) seeking to quash an earlier order and direct the grant of patent for Indian Patent Application No.395/CHENP/2012. However, the appellant subsequently instructed their counsel to withdraw the appeal.
Corona Remedies Pvt. Ltd. v.Sujatha Manthri trading as Herald Healthcare
The Madras High Court allowed Corona Remedies' petition to rectify the Trade Marks Register, directing the removal of the mark 'B9' (No. 3281514) registered by Sujatha Manthri. The court found that the impugned mark was deceptively similar to the petitioner's established mark 'B29', especially considering both marks were used for pharmaceutical products. Given Corona Remedies' long history of use, significant sales turnover, and reputation, the court ruled in favor of removing the conflicting registration.
Optimus Drugs Private Limited v.Union of India
Optimus Drugs Private Limited challenged the hearing notice issued during the post-grant opposition proceedings against Patent No. 281489 for 'An improved process for the preparation of Linezolid'. The petitioner argued that since both parties filed additional evidence after the initial Opposition Board recommendations, a fresh board should be constituted to consider all facts and amended claims. The Madras High Court agreed with this contention, directing the Controller of Patents to reconstitute the Opposition Board and examine the entire record expeditiously.
Bristol-Myers Squibb Holdings Ireland v.Km Swarnalatha & Ors
The plaintiffs, Bristol-Myers Squibb Holdings Ireland, sought an interim injunction regarding their patented anti-cancer molecule 'dasatinib' (SPRYCEL). The court disposed of the application for interim injunction as the patent term had expired. However, the court allowed amendments to the plaint to include new manufacturers and directed further proceedings.
M/s.Indian Immunologicals Ltd. v.Ipca Laboratories Pvt. Ltd.
The Madras High Court set aside an earlier rejection order, allowing M/s. Indian Immunologicals Ltd. (the appellant) to register the trade mark 'INIMOX'. The dispute centered on whether 'INIMOX' was deceptively similar to the prior registered mark 'IMOX' held by Ipca Laboratories Pvt. Ltd. The Court found that despite the similarity, there was no likelihood of confusion because the marks were used in distinct channels—one for veterinary injections and the other for human capsules—and mandated that registration be conditional on its use only for animal health products.
Vakzine Projekt Management Gmbh v.Assistant Controller Of Patents And Designs
Vakzine Projekt Management Gmbh appealed against an order passed by the Assistant Controller of Patents rejecting its patent application. The rejection was based on the grounds that the composition fell within the scope of Section 3(d) and Section 3(i) of the Patents Act, 1970.
Lipotec, S.A. v.Deputy Controller of Patents and Designs, Government of India
Lipotec appealed the rejection of its patent application (No. 7314/CHENP/2009) for 'Regulatory Compounds For Pigmentation'. The rejection was based on Section 3(d) and lack of inventive step, citing prior art. The High Court set aside the impugned order, finding that the Controller disregarded experimental data and detailed submissions.
Himalaya Wellness Company & Ors. v.Prk Productions Llp
Himalaya Wellness Company filed a suit alleging trademark infringement against Prk Productions LLP over the use of 'VIMALAYA' in their film 'Aachar & Co.' The Plaintiffs argued that this usage distorted their established brands like 'HIMALAYA', 'Liv.52', etc., causing consumer confusion. Despite initial denials by the Defendant, the Court found strong evidence supporting the similarity and registered trademarks of the Plaintiff. Consequently, the suit was formally registered, and summons were issued to compel the Defendant to appear and defend the allegations.
Natco Pharma Limited v.Bristol Myers Squibb Company And Anr
The matter involved Natco Pharma Limited and Bristol Myers Squibb Company regarding Indian Patent No. IN 247381, which covers Factor Xa Inhibitors used in the pharmaceutical preparation APIXABAN. The parties amicably settled their disputes via an agreement dated August 8, 2023.
Sun Pharma Laboratories Limited v.Hetero Healthcare Limited And Anr
In a complex trademark dispute, Sun Pharma sought permanent injunction against Hetero Healthcare regarding the alleged infringement of its mark 'LETROZ' by 'LETERO'. The court allowed the Defendants to challenge the validity of Sun Pharma's marks through a rectification petition under Section 57. Crucially, the court clarified that while invalidity can be challenged, the primary suit for passing off will proceed independently, leading to framing of multiple issues covering both infringement and validity.
Janssen Schiences Ireland Uc v.Controller Of Patents
Janssen Schiences Ireland Uc appealed the refusal of a patent application for 'Prevention of HIV- Infection with TMC278' by the Deputy Controller of Patents. The appeal challenged the grounds of lack of inventive step and non-patentability due to mere admixture. However, the appellant subsequently decided to withdraw the present appeal.
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.
M/s.K.P. Namboodiri'S Ayurvedics v.Dr. S. Sajikumar
The Madras High Court disposed of the petition filed by M/s.K.P. Namboodiri'S Ayurvedics against Dr. S. Sajikumar regarding the cancellation of a registered trademark (No. 1914715). The court noted that the contesting parties had entered into a Memorandum of Compromise dated October 31, 2023. Under this settlement, both parties agreed to permit each other's trademarks to coexist in the market and subsequently withdrew all related proceedings.
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.
Lupin Limited v.Tablets (India) Limited
The Madras High Court set aside an earlier rejection order in favor of Lupin Limited, allowing its appeal against the registration of the mark 'CEFTRIL'. The court found that the Registrar's conclusion—that Lupin did not use its prior mark 'CEFF'—was erroneous and contradicted the evidence presented. Furthermore, given the 1st respondent's willingness to seek cancellation, the High Court directed the removal of the disputed trade mark from the register.
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.
Centaur Pharmaceuticals Private Limited v.Sai Mirra Innopharm Private Limited; The Registrar of Trade Marks
The Madras High Court dismissed a petition filed by Centaur Pharmaceuticals seeking the rectification or removal of Trade Mark No. 1409666 from the register. The court found that the trade mark's last valid registration expired long ago, specifically on December 28, 2015. Since the renewal period had lapsed and the petition was based on rectifying an active registration, the court held the case to be infructuous.
Financiere Batteur Sas v.Kalai Arasu Trading As : Spot Light; Registrar of Trade Marks
The Madras High Court dismissed the petition filed by Financiere Batteur Sas seeking the cancellation and removal of Trade Mark No. 2897583, which was registered in Class 5 for the mark 'physiolac' under Kalai Arasu Trading As : Spot Light. The court noted that the subject matter of this petition was identical to another pending case, (T)OP(TM)/481/2023, and consequently closed the current petition without passing any order on costs.
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.
Ind Swift Limited v.Registrar Of Trademarks & Anr.
In this trademark opposition matter, Ind Swift Limited sought an exemption from strict procedural requirements regarding document submission. The Delhi High Court allowed the application, permitting the Appellant to produce original documents later as required by law. The court also noted that the appellant's mark 'AMYCLOX' is opposed by Cedar Properties and Trading LLP, directing necessary intimation to the opposing counsel before listing the matter for further proceedings.
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.
Dr Reddys Laboratories Limited v.Jubilant Generics Limited And Anr
Dr. Reddy's Laboratories filed a suit seeking an injunction against Jubilant Generics for allegedly infringing on its trademark 'RAZO' with the mark 'RAZOEASE'. Following the filing, the Defendant proactively acknowledged an inadvertent mistake and issued assurances to immediately cease all manufacture and sale under the disputed mark. The court accepted these undertakings, leading to the disposal of the injunction application and directing the parties to file consent terms for closure.
M/s.Jupiter Drugs v.Mrs.M.Sarojini
The Madras High Court dismissed M/s. Jupiter Drugs' petition seeking to expunge or limit the trade mark 'ZIPROVIT.' The court noted that the last registration was valid only until December 14, 2017, suggesting the petitioner might no longer be an aggrieved party. Furthermore, due to the absence of a current address for service on the petitioner, the court found it impossible to proceed with the matter.
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.
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