Pharma — India Patent Cases
742 decisions indexed
Page 14 of 25 · 742 total
Vifor (International) Ltd v.Hetero Healthcare Limited
Vifor (International) Ltd filed a suit against Hetero Healthcare Limited concerning an impugned product. The Defendants stated they would not launch the product until the expiry of the suit patent. Based on this statement, the court decreed the suit in favour of Vifor.
Chugai Seiyaku Kabushiki Kaisha v.Fresenius Kabi Oncology Limited
The plaintiffs filed a suit seeking permanent injunction and damages against the defendants for infringing Indian Patent No. 294424, which covers the tetracyclic compound Alectinib (Alecensa®). The dispute centered on the defendants' alleged activities including import/export and online listings of the product, leading to an amicable resolution.
Scipharm Sarl v.Asstt. Controller Of Patents And Designs
Scipharm Sarl appealed a decision made by the Assistant Controller of Patents and Designs refusing the grant of a patent application titled 'Novel Composition for the Treatment of Cystic Fibrosis'. The case was transferred from the IPAB to the Delhi High Court. The court issued notice and directed both parties to file written submissions.
Eris Lifesciences Limited v.Controller Of Patents & Anr.
Both petitions sought the revocation of Indian Patent No. 243301 under Section 64 of The Patents Act, 1970. The court condoned delays in filing written statements and disposed of related interlocutory applications. The matter was listed for further hearing due to the patent's impending expiry.
Natco Pharma Limited v.Bristol Myers Squibb Company And Anr
The court consolidated a rectification petition and a suit related to the same patent. An additional issue was framed regarding whether Indian Patent IN 247381 is liable for revocation under specific sections of the Patents Act, 1970.
Elanco Tiergesundheit Ag v.The Assistant Controller Of Patents And Designs
Elanco Tiergesundheit Ag appealed a decision by the Assistant Controller of Patents and Designs which rejected its patent application (No. 3679/DELNP/2015) for 'Preparation of Live Vaccines' due to lack of novelty and inventive step. The court first addressed applications regarding exemption from affidavits, filing additional documents, and condonation of delay.
Bayer Pharma Aktiengesellschaft v.The Controller Of Patents
Bayer Pharma Aktiengesellschaft filed an appeal challenging the Controller of Patents' order dated October 29, 2021. The original rejection was based on non-patentability under Section 3(c) of the Patents Act, 1970, and lack of clarity.
M/S Shilpa Medicare Limited v.Arrow Coated Products Ltd. (Acpl)
Shilpa Medicare Limited appealed an order that returned its plaint filed in Raichur. The suit sought a declaration that their manufacturing process was not covered by Patent IN 200301, which Arrow Coated Products Ltd. held. The appeal challenged the Trial Court's decision regarding territorial jurisdiction.
Boehringer Ingelheim International GmbH v.Mr X Trading As Messrs Amar Medical Store & Ors.
Boehringer Ingelheim International sought an ex-parte ad-interim injunction in a suit concerning its pharmaceutical products. The Plaintiff asserted rights over its trademarks and distinctive trade dress, which it claimed constituted original artistic works under the Copyright Act. While the court allowed the application for interim relief, it mandated that notice be issued to the Defendants before execution of the order, setting the stage for further litigation regarding brand protection.
Pfizer Inc & Ors. v.Natco Pharma Limited
Pfizer Inc & Ors filed a suit for permanent injunction against Natco Pharma Limited alleging infringement of patent IN 218291 covering the drug 'Palbociclib'. The parties subsequently entered into an amicable settlement agreement, which was recorded by the Court.
Bayer Healthcare Llc v.MSN Laboratories Private Limited
This order addressed various interlocutory applications in the commercial suit filed by Bayer Healthcare Llc against MSN Laboratories Private Limited. The court allowed several procedural requests, including granting time extensions and allowing additional documents. It also noted that the defendant had not yet launched its product and directed it to maintain status quo.
Otsuka Pharmaceutical Co Ltd v.The Controller Of Patents
Otsuka Pharmaceutical appealed the Controller's order refusing a patent application for a medicament combination involving Brexpiprazole, citing lack of inventive step. The appellant argued that the rejection was non-reasoned and procedurally flawed, particularly because the Respondent introduced new prior art documents (D2 and D3) without giving the Appellant an opportunity to respond. The High Court found the impugned order vitiated due to procedural infirmities and set it aside, remanding the matter for fresh consideration.
Pfizer Inc v.Azista Industries Private Limited
Pfizer Inc filed a suit seeking an injunction against Azista Industries Private Limited for infringing patent no. IN 218291, which covers the pharmaceutical product 'Palbociclib'. After considering the submissions and assurances given by the Defendants that they would not manufacture or sell the product in India, the Court decreed the suit.
M/s.Micro Labs Limited v.Mr.A.Santhosh
M/s. Micro Labs Limited filed a civil suit against Mr. A. Santhosh alleging infringement of its registered trademark 'AVAS' and copyright in its label by the use of the deceptively similar mark 'AVASLIP'. The plaintiff sought permanent injunctions, damages, and accounts of profits. However, the Madras High Court rejected the plaint, finding that the plaintiff failed to comply with the mandatory pre-institution mediation requirement stipulated under Section 12-A of the Commercial Courts Act, 2015.
Eli Lilly And Company v.Bryan Pharmaceuticals Through Its...
The suit seeks a permanent injunction against the unauthorized sale and distribution of Baricitinib, a drug used for rheumatoid arthritis, which allegedly infringes the plaintiff's patent. The case also involves claims for damages and delivery up.
Paras Ayurvedic Pharma Pvt.Ltd v.Salman Iqbal Ahmed Momin And Anr
Paras Ayurvedic Pharma Pvt.Ltd appealed against two lower court orders concerning a commercial IP suit alleging copyright infringement and passing off related to 'Roghan Sukoon Massage Oil'. The core dispute centered on whether the defendant's product copied the plaintiff's unique artistic work and brand elements, and whether the plaintiffs had sufficient knowledge of the alleged infringement. The Bombay High Court dismissed the appeal, upholding the lower court's decision that the plaintiffs were entitled to relief.
Paras Ayurvedic Pharma Pvt.Ltd v.Salman Iqbal Ahmed Momin And Anr
This commercial appeal involved a dispute over the medicinal oil 'Roghan Sukoon Massage Oil,' where Paras Ayurvedic Pharma Pvt.Ltd alleged copyright infringement and passing off against Salman Iqbal Ahmed Momin and Anr. The core issue revolved around whether the Plaintiffs had knowledge of the Defendant's allegedly infringing goods earlier than they claimed in their plaint. The Bombay High Court upheld the lower court's decision, finding no evidence to suggest that the Plaintiffs were misled or delayed in seeking relief.
Paras Ayurvedic Pharma Pvt.Ltd v.Salman Iqbal Ahmed Momin And Anr
This commercial appeal involved a dispute over the medicinal oil 'Roghan Sukoon Massage Oil,' where the Plaintiff alleged copyright infringement and passing off against the Respondent. The core issue revolved around whether the Plaintiffs had sufficient knowledge of the Defendant's impugned goods, which was central to the initial injunction granted by the lower court. The Bombay High Court upheld the previous orders, finding no infirmity in the single judges' discretion regarding the interlocutory applications.
Chugai Seiyaki Kabushiki Kaisha & Anr. v.MSN Laboratories Private Limited
The Plaintiffs filed a suit seeking permanent injunction against MSN Laboratories Private Limited for infringing Indian Patent No. 294424, which covers the tetracyclic compound 'Alectinib'. The Defendant initially claimed research use only, but subsequently provided an affidavit undertaking not to commercially launch Alectinib until the patent expires or is found invalid. The court accepted these undertakings and decreed the suit.
Ds Biopharma Limited v.The Controller Of Patents And Designs and Anr
Ds Biopharma Limited appealed the rejection of its patent application by the Assistant Controller. The Appellant argued that the grounds for rejection, particularly under Section 3(d), were not properly specified in the hearing notice, violating natural justice. The Court found that the Appellant lacked adequate opportunity to respond to the specific objection under Section 3(d).
Boehringer Ingelheim Pharma Gmbh Co v.Centurion Remedies Private Limited
The plaintiffs (Boehringer Ingelheim) filed a suit alleging that the defendants were manufacturing/importing generic versions of medicines covered by their Indian Patent No. 243301, which relates to Linagliptin compounds. The court found that the plaintiffs made out a good prima facie case and granted an ad-interim injunction restraining the defendants from manufacturing or selling the infringing products.
Janssen Pharmaceuticals & Others v.MSN Laboratories Pvt. Ltd.
Plaintiffs, exclusive licensees of a patent holder (Mitsubishi Tanabe Pharma Corporation), filed suit alleging that Defendant No. 1 was manufacturing and marketing Canagliflozin Tablets/Capsules, which falls under Indian Patent No. 232231. The defendant opposed the interim injunction, arguing that damages could be quantified and there was no irreparable loss. The court found a prima facie case in favor of the plaintiffs.
Novartis Ag v.Controller Of Patents And Designs
Novartis appealed the rejection of its divisional patent application, which was held by the Controller to be non-maintainable because it belonged to the same broad class as the granted parent application. The appeal challenged the ground that the subject matter formed a single inventive concept.
Msn Laboratories Private Limited v.Bristol Myers Squibb Holdings Ireland Unlimited Company
The petitioner filed a revocation petition under Section 64 of the Patents Act, 1970, seeking to revoke patent number 247381 covering APIXABAN. The court allowed notice and directed the completion of pleadings within prescribed timelines.
Plusplus Lifesciences Llp & Anr. v.Dr. Shiwani Singh & Ors.
The Delhi High Court granted the plaintiffs an interim injunction in a suit alleging trade secret misappropriation and trademark infringement. The court found that the defendants, former employees, had gained access to proprietary technical know-how and confidential business information regarding prenatal supplements (TRIMACARE/LAYERCARE). Based on this prima facie case, the court authorized local commissioners to seize digital data, stock of infringing products ('NUTRIEPIC' and 'UTTERCARE'), and relevant documents to prevent irreparable injury.
Novartis A G v.Supermax Drugs And Pharmaceuticals
The suit was decreed for the lifetime of Indian Patent No. 237430, prohibiting the defendants from manufacturing or selling pharmaceutical preparations containing Nilotinib.
Jansen Pharmaceuticals & Others v.Aeon Formulations Pvt. Ltd.
The plaintiffs, who are exclusive licensees of the patent holder (Mitsubishi Tanabe Pharma Corporation), filed a suit alleging that Defendant No. 1 was manufacturing and marketing Canagliflozin Tablets/Capsules, thereby infringing Indian Patent No. 232231. The court found a prima facie case in favor of the plaintiffs.
Merck Sharp And Dohme Corp v.Harman Finochem Limited
The suit was filed by Merck Sharp And Dohme Corp seeking permanent injunction against Harman Finochem Limited for infringing Patent No. 209816 related to Sitagliptin. Although an interim injunction had been granted earlier, the matter reached a settlement as the patent expired during the pendency of the suit. The Defendant agreed to pay partial litigation costs.
Pfizer Inc v.Azista Industries Private Limited
The suit was filed by Pfizer Inc seeking an injunction against the infringement of Patent No. IN 218291, which covers the pharmaceutical product 'Palbociclib'. The court condoned the delay in filing replications and made the existing ad-interim injunction absolute during the pendency of the suit.
Vifor International Ltd. v.Competition Commission Of India
Vifor International Ltd. challenged the orders of the Competition Commission of India (CCI) which initiated an inquiry into its licensing practices regarding the patent for Ferric Carboxymaltose (FCM). Vifor argued that the CCI was exceeding its jurisdiction by seeking commercially sensitive information related to a patented product, touching upon rights under the Patents Act, 1970. The High Court dismissed the writ petition, finding it premature and noting that the CCI would consider the petitioner's objections.
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