Pharma — India Patent Cases
967 decisions indexed
Page 15 of 33 · 967 total
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.
M.Sarojini v.M/s. Ce Biotech (P) Limited
The Madras High Court dismissed a petition filed by M.Sarojini seeking the expungement of the trademark ZIPROVIT (No. 1631278) from the register, which was held in the name of M/s. CE Biotech (P) Limited. The petitioner subsequently informed the court that they were withdrawing the petition due to the non-renewal of the relevant trademark registration. This outcome highlights the procedural necessity of maintaining active IP rights.
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.
M/s. Medopharm / Medopharm Private Limited v.Leeford Healthcare Limited
The Madras High Court addressed a trademark infringement suit filed by Medopharm against Leeford Healthcare Limited regarding the use of 'EMICOF' versus the registered mark 'EMCOF'. The plaintiffs sought permanent injunctions and damages for alleged passing off and dilution. Ultimately, both parties reached an amicable resolution, which was formalized in a Memorandum of Compromise dated June 21, 2023. The court subsequently decreed the civil suit based on the terms of this compromise.
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.
Sun Pharma Laboratories Limited v.Avighna Medicare Private Limited & Ors.
This Delhi High Court judgment confirms a comprehensive settlement between Sun Pharma Laboratories Limited (Plaintiff) and Avighna Medicare Private Limited & Ors. (Defendants). The parties resolved their trademark infringement dispute regarding the brands 'DOSELA' and 'ATENTRUE' versus 'DUZELA' and 'ATTENTROL'. Under the agreement, Defendant No. 1 agreed to cease all use of the infringing marks, destroy existing stock within specified timelines, and waive its own pending trademark applications for those names. The suit was subsequently disposed of based on these mutual undertakings.
Kilitch Drugs (India) Limited v.Zee Laboratories Limited
The Plaintiff, Kilitch Drugs, sought an interim injunction and relief for passing off against the Defendant, Zee Laboratories. The dispute centered on the alleged infringement of the Plaintiff's registered trademarks (KILITCH and KILITCH SRO) in pharmaceutical preparations by the use of the impugned mark KILITH/KILITH SRO.
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.
Mankind Pharma Limited v.Shrinivas (Gujarat) Laboratories Pvt. Ltd.
Mankind Pharma Limited filed a suit against Shrinivas (Gujarat) Laboratories Pvt. Ltd., alleging that the latter was manufacturing and selling medicinal preparations under the deceptively similar trademark ZONFLOX, infringing on Mankind's registered trademark ZENFLOX. The court found the marks to be visually, phonetically, and structurally similar, leading to confusion among consumers.
M/s Martindal Research Laboratories v.M/s Shalina Laboratories Pvt Ltd
The Rajasthan High Court addressed a civil appeal concerning a trademark infringement dispute between Martindal Research Laboratories and Shalina Laboratories. The appellant sought to overturn an order that denied temporary injunction, citing lack of evidence regarding prior use of their mark 'VITAPLEX'. Recognizing the long pendency of the original suit (since 2008), the Court disposed of the appeal without interfering with the lower court's finding on interim relief. Instead, it directed the trial court to expedite the final decision on the merits of the case within a strict timeframe.
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.
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.
Hamdard National Foundation India v.Government Of Nct Delhi
Hamdard National Foundation India challenged the unrestricted use of 'Rogan Badam Shirin' by Ayurvedic manufacturers for almond oil, arguing it was reserved for Unani medicine. The petition sought directions to prevent unauthorized usage of this terminology. The court noted that the Ministry of Ayush had communicated to State licensing authorities that Raughan-E-Badam Shireen requires a Unani Drug License, thereby satisfying the petitioner's primary relief.
Datt Mediproducts Pvt Ltd v.Siddharth Mandal And Anr
The Delhi High Court ruled in favor of Datt Mediproducts Pvt Ltd regarding a petition seeking cancellation of a trademark registration. The court observed that the subject mark's registration had expired on March 5, 2022, and the mandatory renewal period, including the grace period, had lapsed without action by the respondent. Consequently, the court directed the concerned party to remove the non-renewed mark from the Register of Trade Marks.
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.
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