Pharma — India Patent Cases
1,090 decisions indexed
Page 2 of 37 · 1,090 total
Zydus Lifesciences Limited v.E. R. Squibb And Sons, Llc
Zydus Lifesciences appealed an injunction restraining it from selling its anti-cancer drug ZRC 3276, which was allegedly infringing E. R. Squibb's patent (5C4). The court considered the conflict between protecting IP rights and ensuring access to life-saving medication. Ultimately, the court modified the order by vacating the injunction but requiring Zydus to file audited accounts of sales until the patent expires.
Steigerwald Arzneimittlewerk Gmbh v.Assistant Controller Of Patents And Designs
The Appellant challenged the Assistant Controller's refusal to grant a patent application (No. 1285/DEL/2009) on grounds of lack of novelty and inventive step. The invention relates to a method for producing a plant-based medicament, Iberogast, which requires a specific mixing sequence for stable quality. The High Court found infirmities in the Controller's order regarding the reasoning under Sections 3(d) and 3(e), setting aside the Impugned Order and remanding the matter.
Helsinn Healthcare Sa v.Zydus Healthcare Limited
The plaintiffs filed an application seeking an ex parte ad interim injunction restraining the defendants from dealing in products that infringe their Indian Patent No. 426553, specifically mentioning the brand name NYKRON. The court accepted notice and directed the defendants to file a reply within two weeks.
E.R.Squibb & Sons Llc v.Union of India
E.R.Squibb & Sons LLC challenged the recommendation made by the Opposition Board regarding Patent No. IN340060, arguing that the board failed to consider crucial evidence submitted by the patentee during post-grant opposition proceedings initiated by Zydus Healthcare Limited. The Madras High Court dismissed the writ petition, holding that since the recommendation is only a suggestion for the Patent Authority, the petitioner could raise these objections during the final decision-making process or appeal.
Surface Logix Llc & Ors. v.Lucius Pharmaceutical Lucius Pharmaceutical(Lao) Co. Ltd & Ors.
Surface Logix LLC and its associates filed a suit seeking permanent injunction and damages against Lucius Pharmaceutical for alleged infringement of Indian Patent No. 291914, titled 'PHARMACOKINETICALLY IMPROVED COMPOUNDS'. The court addressed various procedural applications, including granting exemption from pre-litigation mediation due to the urgency of interim relief. Crucially, the court granted an ad-interim injunction restraining the defendants from infringing the patent and directed Defendant No. 2 (an online platform) to delist all advertisements related to the generic product 'BELUMOSUDIL' or brand name 'LuciBelu'.
Myokardia Inc. v.Lucius Pharmaceutical
Myokardia Inc. filed a suit against Lucius Pharmaceutical alleging infringement of its Indian Patent No. 392872, which covers novel pyrimidinedione compounds used to treat serious cardiovascular diseases like hypertrophic cardiomyopathy (HCM). The Plaintiffs argued that the defendants' generic product infringed upon their patented technology and caused irreparable harm. Based on a prima facie assessment, the Delhi High Court granted an ex-parte ad-interim injunction restraining the defendants from manufacturing or selling generic Mavacamten until further hearing.
Mankind Pharma Limited v.Motherkind Pharma Private Limited
The Delhi High Court granted an interim injunction favoring Mankind Pharma Limited against Motherkind Pharma Private Limited. The court found that Motherkind's use of 'MOTHERKIND' prima facie amounted to trademark infringement and passing off, given its similarity to Mankind's well-known marks ('MANKIND' and 'KIND') in the pharmaceutical sector. This preliminary order restrains the Defendant from using the infringing mark until further proceedings.
Novartis A.G. v.YY
The Plaintiffs, Novartis A.G. and its affiliate, filed a suit seeking permanent injunction against the Defendant for infringing Indian Patent No. 419280. The court granted several interlocutory orders, including an interim injunction and exemption from mandatory pre-litigation mediation.
Novartis Ag v.Novarise Gastro Bariatrics & Ors.
The Delhi High Court granted an interim injunction in favor of Novartis Ag against Novarise Gastro Bariatrics & Ors. The court found that the use of the impugned tradename 'NOVARISE' by the defendants was likely to cause confusion among consumers, given the established goodwill and reputation of the Plaintiff's well-known trademark 'NOVARTIS' in the pharmaceutical sector. Citing prima facie evidence, the court held that irreparable harm would be caused to Novartis if the injunction was not granted immediately.
Dindayal Industries Ltd. v.Dindayal Ayurved Bhawan.
Dindayal Industries Ltd. appealed against an order that dismissed its application for interim injunction, alleging that the respondents were infringing on its trademarks and engaging in passing off. The appellant claimed to be a long-standing user of the 'DINDAYAL' mark since 1927, possessing substantial goodwill and numerous registered trademarks. The court found that the plaintiff had established a prima facie case of infringement and passing off, concluding that refusing interim relief would cause irreparable injury to its reputation.
Xx And Ors v.Yy
The suit was filed seeking permanent injunction restraining the defendant (Exemed Pharmaceuticals) from infringing the Indian Patent No. 269841, which covers the compound 'Ruxolitinib'. The court granted an interim injunction and passed various procedural orders related to the case.
Incyte Holdings Corporation v.Sun Pharmaceutical Industries Limited
The plaintiffs filed a quia timet action alleging infringement of their patent (IN'841) covering the drug 'Ruxolitinib', marketed as JAKAVI®. The defendants denied commercialization and requested protection under Section 107A. Both parties agreed to settle, with the defendant undertaking not to commercially exploit the compound during the patent's validity.
Incyte Holdings Corporation v.Torrent Pharmaceuticals Limited
Incyte Holdings Corporation filed a quia timet action alleging that Torrent Pharmaceuticals Limited was about to infringe its Indian Patent No. 269841, which covers the compound Ruxolitinib (marketed as JAKAVI®). The parties reached an agreement where the defendant committed not to commercially manufacture or deal in products containing Ruxolitinib during the patent's validity, while retaining rights for research purposes.
Dr.Vishwanath Padmanabhan v.The Joint Controller of Patents & Designs, Head of Office, Patent Office Chennai
Dr. Vishwanath Padmanabhan challenged the Patent Office's decision to deem his invention application withdrawn under Section 11B(4) due to a technical uploading error in the e-filing portal. The court found that since the petitioner intended to proceed and had paid all requisite fees, the rejection was unjust.
Incyte Holdings Corporation v.Zydus Lifesciences Limited
The Delhi High Court passed several orders in CS(COMM) 1356/2025. The court granted exemption from pre-institution mediation due to the urgent nature of interim relief, allowed applications for discovery and additional documents, and addressed an ad-interim injunction request.
R P Scherer Technologies Llc v.The Patent Office of India
The petitioner challenged the rejection of its Indian Patent Application (No. 202127050600) by the Assistant Controller on grounds of lacking inventive step. The core issue was whether the claimed formulation for oral delivery of poorly permeable proteins/peptides was non-obvious over cited prior art. Given the technical nature, the Court appointed a Scientific Advisor to render an opinion.
Alkem Laboratories Limited v.Dr. Mariya Parvez & Ors.
The Delhi High Court addressed an application by Alkem Laboratories seeking to include a proposed defendant who had posted misleading content targeting its pharmaceutical products, PAN-D and PAN-40. Although the plaintiff initially sought to extend existing injunctions against this individual, the court noted that the impugned video had already been taken down. Consequently, the court dismissed the impleadment request but reaffirmed that the proposed defendant remains prohibited from using Alkem's 'PAN' family of marks in any videos, reserving the right for the plaintiff to seek further action if infringement recurs.
Italfarmaco Spa v.Deputy Controller of Patents & designs
Italfarmaco Spa filed an appeal challenging the order passed by the Single Judge of the High Court of Madras. The core issue was whether this Original Side Appeal (OSA) was maintainable under Clause 15 of the Letters Patent, given that the underlying matter involved a decision made under Section 117A of the Patents Act, 1970. The court held that since the Commercial Courts Act is a special enactment and provides specific appeal mechanisms, the intra-Court Appeal under Clause 15 was not maintainable.
Novo Nordisk A/S v.Dr Reddys Laboratories Limited & Anr.
Novo Nordisk A/S appealed an order where a Single Judge found infringement and granted limited relief to Dr Reddys Laboratories Limited. The appeal centers on whether the suit patent (IN 2626971) is vulnerable to invalidity under Section 64 of the Patents Act, given that the learned judge found the claim obvious from prior art.
Ms Sapco Laboratories Private Limited v.The Registrar of Trademarks & Glenmark Pharmaceuticals Limited
The Madras High Court heard an appeal challenging the refusal by the Trademark Registry to grant registration for 'BREMONT-L' due to opposition from Glenmark Pharmaceuticals ('GLEMONT'). The court acknowledged the appellant's arguments regarding common industry usage (e.g., the suffix 'MONT') but refrained from making a final decision on the merits of similarity. Instead, the High Court set aside the Registry's order and remitted the matter back for fresh examination, allowing the appellant to submit additional evidence while ensuring the opponent gets a chance to respond.
Neon Laboratories Limited v.Vishal Subhash Versus Parekar Syndicate Pharma
The Bombay High Court confirmed the existing ad-interim injunction regarding trademark 'NEON' infringement, finding that the rival mark was identical. Furthermore, the court granted interim relief concerning passing off, noting a strong prima facie case that the products were counterfeit and caused misrepresentation. The court also allowed the petitioner's leave petition to combine the causes of action for trademark infringement and passing off.
Neon Laboratories Limited v.Vishal Subhash Versus Parekar Syndicate Pharma
The Bombay High Court confirmed the existing ad-interim injunction regarding trademark 'NEON' infringement, finding that the rival mark was identical. Furthermore, the court granted interim relief concerning passing off, noting a strong prima facie case that the products were counterfeit and caused misrepresentation. The court also allowed the petitioner's leave petition to combine the causes of action for trademark infringement and passing off.
Incyte Holdings Corporation v.Natco Pharma Limited
The suit was filed by Incyte Holdings Corporation seeking permanent injunction against Natco Pharma Limited for infringing Indian Patent No. IN269841, which covers the compound 'Ruxolitinib'. During the proceedings, the defendant stated that they have not commercialized any infringing product and their activities are covered under Section 107-A of the Patents Act, 1970.
Dabur India Limited v.Wellford Pharmaceutical Private Limited & Anr.
The Delhi High Court granted a stay on the registration of 'WELLFORD PUDIN HARA' (Registration No. 5509160) in favor of Dabur India Limited, who challenged the mark's validity. Dabur successfully established a prima facie case based on its long-standing use and reputation of the core mark 'PUDIN HARA' since 1930. The court found that the Impugned Mark completely subsumes the Petitioner's mark, creating an irrefutable likelihood of confusion and deception in the market.
Ja Sterile Pvt Ltd v.The Registrar Of Trademarks, Trademarks Registry & Anr.
The Delhi High Court addressed procedural matters in the appeal filed by Ja Sterile Pvt Ltd against the Registrar of Trademarks. The court disposed of an application seeking exemption from filing certain documents, directing that certified copies of illegible materials be submitted within four weeks. The main appeal petition, challenging a prior order by the Trademark Registrar, was subsequently listed for further hearing on January 15, 2026.
Incyte Holdings Corporation v.Lucius Pharmaceuticals Co., Ltd.
The Plaintiffs filed a suit seeking a permanent injunction to restrain the Defendants from infringing Indian Patent No. 269841 concerning Ruxolitinib Compounds. The court granted various exemptions sought by the plaintiffs, including exemption from pre-institution mediation, and proceeded with appointing Local Commissioners for the execution of the patent.
Incyte Holdings Corporation v.Incepta Pharmaceuticals Ltd.
The Plaintiffs filed a suit seeking permanent injunction against Defendants for infringing Indian Patent No. 269841, which covers Ruxolitinib compounds (JAKAVI®). The court passed several orders granting exemptions to the Plaintiffs regarding mediation, identity masking, and advance service, while also directing the execution of Local Commissions to investigate the alleged infringement.
Incyte Holdings Corporation v.Bigbear Pharmaceutical (Lao) Co., Ltd
The Plaintiffs filed a suit seeking permanent injunction against the Defendants for infringing Indian Patent No. 269841 related to Ruxolitinib compounds. The court passed several orders granting exemptions from pre-institution mediation and advance service, and appointed Local Commissioners to inspect the alleged infringing activities.
M/s. Shilpa Medicare Limited v.M/s. Salus Pharmaceutical & anr.
M/s. Shilpa Medicare Limited filed a commercial appeal against an order, seeking condonation of delay due to initial incorrect nomenclature. The court allowed the delay condonation, noting that procedural rules are handmaids of justice. Subsequently, the court set aside a single judge's order and remanded the matter for consideration on merits, emphasizing continuous infringement.
Novo Nordisk As v.Dr. Reddys Laboratories Limited & Anr.
Novo Nordisk filed a suit alleging infringement of its patent (IN'697) covering Semaglutide, a GLP-1 analogue used for diabetes and obesity. The Plaintiff sought an interim injunction to restrain the Defendants from importing or dealing in the compound. The Court ultimately dismissed the application, finding that the Plaintiff failed to establish a prima facie case for the grant of relief.
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