Pharma — India Patent Cases
742 decisions indexed
Page 20 of 25 · 742 total
Astrazeneca Ab v.Union Of India
Astrazeneca challenged an order from the Patent Office that directed immediate publication of its granted patent (IN 235625) due to a clerical error. The petitioner argued that this belated direction, after 11 years, would prejudice them by effectively extending the statutory limitation period for post-grant opposition beyond one year as stipulated in Section 25(2).
Bayer Intellectual Property GmbH & Anr. v.Titan Laboratories Pvt. Ltd.
Bayer Intellectual Property GmbH and its associates filed a suit alleging that Titan Laboratories Pvt. Ltd. was infringing on their patented compound, Rivaroxaban (IN 211300). The plaintiff contended that the defendant was exporting finished pharmaceutical products containing Rivaroxaban to foreign entities in commercial quantities. Despite the lack of domestic launch by the defendant, the court held that such exports constituted 'use in India' under the Patents Act. Consequently, the Delhi High Court granted an ad-interim ex-parte injunction in favor of Bayer.
Astrazenca Ab v.Ajanta Pharma Ltd.
The court heard an application seeking condonation of a 6-day delay by the defendant, which was granted. The court also directed the parties regarding the filing of written statements and clarified the validity dates of the two patents (IN '147 and IN '625) held by Astrazenca Ab.
Astrazenca Ab & Anr v.West Coast Pharmaceuticals Works Ltd.
The Delhi High Court heard the matter concerning suit patents held by Astrazenca Ab & Anr against West Coast Pharmaceuticals Works Ltd. The court addressed the validity dates of the two patents (IN '147 and IN '625) and accepted an undertaking from the defendant that they do not manufacture or sell infringing products related to Dapagliflozin.
Merck Sharp And Dohme Corp. v.Honour Lab Limited
Merck Sharp And Dohme Corp. filed a suit alleging that Honour Lab Limited was infringing their Indian Patent No. 209816, which covers the molecule SITAGLIPTIN (an API for diabetes treatment). The plaintiffs sought interim relief against the defendant's alleged commercial supply of the patented API.
Laurus Labs Limited v.Intellectual Property Appellate Board
The petitioner seeks to quash an interim order by the IPAB that stayed the revocation of a patent. The case involves a post-grant opposition filed by the petitioner against the patent granted to respondent No.3.
Shogun Organics Ltd v.Gaur Hari Guchhait & Ors
The case involves a patent infringement dispute where the Plaintiff was granted a permanent injunction and compensation for loss of profits. The Defendants were directed to render accounts of profits and pay a specified amount to the Plaintiff.
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Bdr Pharmaceuticals International Pvt. Ltd & Anr.
The plaintiffs filed an application seeking action under Contempt of Court because defendant No.1 submitted a tender offering for the sale of Apixaban, despite a prior interim injunction restraining them from dealing in any infringing product covered by Indian Patent No. IN 247381. The court issued show cause notices to the Chairman and Director of defendant No.1 regarding potential contempt proceedings.
Merck Sharp & Dohme Corp. v.Angels Pharma India Private Limited
Merck Sharp & Dohme Corp. filed a suit alleging that Angels Pharma India Private Limited was attempting to manufacture and infringe its Indian Patent No. 209816, which covers the drug SITAGLIPTIN. The court found that the plaintiffs had established a prima facie case and granted interim relief.
Bayer Intellectual Property Gmbh & Anr v.Morepen Laboratories Ltd
Bayer Intellectual Property Gmbh filed a suit against Morepen Laboratories Ltd alleging infringement of its Indian Patent No. 211300, which covers Rivaroxaban. The defendant admitted to making commercial use before expiry due to a miscommunication regarding the patent's expiration date. Both parties agreed that the suit could be decreed in terms of permanent injunction, leading to the final disposal of the case.
Merck Sharp & Dohme Corp And Anr v.Oceanic Pharmachem Pvt. Ltd.
The plaintiffs filed a suit alleging that the defendant was infringing their Indian Patent No. 209816, which covers Sitagliptin and its salts. The plaintiff submitted evidence showing the defendant's online presence advertising and selling infringing Sitagliptin Phosphate API in India. Based on this prima-facie case, the court granted an ad-interim injunction restraining the defendant from dealing in the infringing product.
Pfizer Inc v.Kwality Pharmaceuticals Limited
Pfizer Inc filed a suit against Kwality Pharmaceuticals Limited alleging infringement of two Indian Patents, IN 209251 (Sunitinib) and IN 268331 (Tigecycline composition). The defendants agreed to the permanent injunction and offered compensation. The court decreed the suit in favor of the plaintiffs.
Merck Sharp & Dohme Corp. v.Everest Organics Limited
Merck Sharp & Dohme Corp. filed a suit seeking permanent injunction against Everest Organics Limited for infringing its registered patent No. 209816, which covers the molecule SITAGLIPTIN. The Plaintiffs alleged that the Defendant was developing and preparing to commercialize an infringing product. Based on the prima facie case presented, the Court granted an ad-interim ex-parte injunction.
Pfizer Inc. v.Everest Pharmaceuticals Ltd.
Pfizer Inc. filed a suit seeking permanent injunction against Everest Pharmaceuticals Ltd. for infringement of Indian Patents Nos. 241773 and 218212, which cover Tofacitinib (XELJANZ(R)). The plaintiffs alleged that defendants were illegally manufacturing and selling generic versions under the brand 'TOFAXEN'.
Merck Sharp & Dohme Corp. v.Achemic Pharmaceuticals (India) Pvt. Ltd.
The plaintiffs, holding patents and licenses for Sitagliptin (under trade names ISTAVEL and ISTAMET), filed a suit alleging that the defendant was manufacturing and selling the drug under the brand name TwoTrack, thereby infringing their patent. The court found that the plaintiffs had made out a prima facie case and granted an ex parte ad interim injunction.
Prof. Dr. Claudio De Simone & Next Gen Pharma India Pvt. Ltd. v.Actial Farmaceutica Srl. (Formerly known as CD Investment Srl.) & Ors.
The plaintiffs, claiming ownership over the 'De Simone Formulation' through patent rights and subsequent Know-How agreements, filed suit against CD Group entities. The core dispute revolved around whether the plaintiff retained proprietary rights (trade secrets) after the initial patent expired in 2015. The court ultimately dismissed the suit, holding that without a valid patent right in India, the plaintiffs lacked a personal cause of action to restrain the defendants from working or selling the formulation.
Merck Sharp & Dohme Corp. v.Triveni Interchem Private Limited
The plaintiff, Merck Sharp & Dohme Corp., filed a suit alleging that the defendant, Triveni Interchem Private Limited, was selling and advertising various compositions of Sitagliptin without taking any license. The plaintiff holds a valid patent for Sitagliptin.
Torque Pharmaceuticals Private Limited v.Emami Limited
This order sheet details an application filed by Emami Limited seeking the transfer of a title suit from the Additional District Judge to the Calcutta High Court. The original suit involved allegations of infringement concerning trademark, passing off, copyright, and design against Torque Pharmaceuticals Private Limited. Citing Clause 13 of the Letters Patent, 1865, and Section 22(4) of the Designs Act, 2000, the court allowed the transfer application.
Astrazeneca Ab & Anr. v.Jigs Chemicals Limited
Astrazeneca sued Jigs Chemicals Limited for infringing its patents covering the anti-platelet drug TICAGRELOR. The plaintiffs claimed that the defendant was commercially advertising and offering to sell API TICAGRELOR. Based on the defendant's admission regarding the exclusive rights under Section 48 of the Patents Act, the court granted summary judgment in favor of Astrazeneca.
Genentech Inc And Others v.Drugs Controller General Of India And Others
This case involves an application by Defendant No. 3 seeking to restrict the participation of the plaintiffs' internal expert, Dr. Samir Sagitrao, in the inspection of confidential clinical and pre-clinical test data related to a biosimilar drug. The court ultimately dismissed the applicant's request, emphasizing that defendants have a right to defend the suit without being deprived of opportunity due to non-disclosure.
Lupin Ltd. v.Union Of India And Ors.
Lupin Ltd. challenged the NPPA's stance that it should have sought prior permission before launching an FDC drug (Empagliflozin and Metformin Hydrochloride), relying on a product patent exemption under Para 32(i) of DPCO, 2013. The court recognized the legal ambiguity regarding whether prior approval or mere intimation is required to avail this exemption.
Novartis Ag v.Sun Pharmaceutical Industries Ltd
The plaintiffs own the patent for the compound 'NILOTINIB', which is valid until July 4, 2023. The defendant announced the launch of a product based on NILOTINIB, which the plaintiffs claim infringes their patent.
Bristol-Myers Squibb Holdings Ireland Unlimited Company & Ors. v.Bdr Pharmaceuticals International Pvt. Ltd. & Anr.
The plaintiffs, owners of Patent IN-381 covering the molecule APIXABAN (Eliquis®), filed a suit against Bdr Pharmaceuticals for allegedly manufacturing and intending to supply generic versions of this patented drug. The court considered arguments regarding infringement and the validity of the patent based on prior art documents submitted by the defendant.
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Natco Pharma
Plaintiffs filed a suit seeking permanent injunction against Natco Pharma for infringing Indian Patent No.IN247381 (APIXABAN). The defendant sought a stay under Section 10 CPC, citing a previously instituted suit in the City Civil Court at Hyderabad concerning patent validity and infringement. The High Court dismissed the stay application.
Boehringer Ingelheim Pharma GmbH & Co.KG v.Tanmed Pharma India Private Limited
Boehringer Ingelheim Pharma sued Tanmed Pharma for infringing its patents related to the medicinal product Linagliptin. The court conducted an inspection and found that the defendant had neither manufactured nor marketed the drug, having surrendered its manufacturing license.
Astrazeneca Ab v.Emcure Pharmaceuticals Limited
Astrazeneca sued Emcure Pharmaceuticals Limited and MSN Laboratories Limited for infringing their patents related to the pharmaceutical compound TICAGRELOR, marketed as BRILINTA. The plaintiffs sought an interim injunction against the defendants' generic versions (TICAPLAT and TIARE).
Shalina Laboratories Private Limited v.Maxwell Life Science Pvt. Ltd.
The Bombay High Court confirmed the existing interim injunctions granted to Shalina Laboratories against Maxwell Life Science. The dispute centered on trademark infringement ('SUPER APETI' vs 'SUPER PEPTI'), copyright infringement related to packaging/trade dress, and passing-off concerning pharmaceutical preparations. By confirming these orders, the court maintained the status quo, ensuring the Plaintiff's rights were protected while the main commercial IP suit proceeds.
M/s Genentech Inc. v.Drugs Controller General Of India
Genentech Inc. appealed an interim order passed by the Delhi High Court which had altered the protective conditions previously set by the Single Judge concerning the launch of the biosimilar drug 'TrastuRel' (manufactured by Reliance Life Sciences Pvt. Ltd.). The dispute centered on Genentech's patent rights over the monoclonal antibody drug 'Trastuzumab'.
Pharmacyclics Llc v.Union Of India And Ors.
This petition challenged the Controller's decision allowing an opponent to file additional evidence during a pending post-grant opposition. The petitioner argued that such late filings violated procedural timelines and prejudiced their case. While acknowledging the need for timely disposal of oppositions, the Court ultimately held that since the petitioner had already responded to the new evidence, it was appropriate for the Controller to consider all pleadings and documents when rendering the final decision.
Merck Sharp & Dohme Corp v.Sanjeev Gupta
The plaintiffs alleged that the defendants were infringing their Indian Patent No. 209816 for the drug Sitagliptin by manufacturing and selling a product named 'Swizglipt' containing Sitagliptin Phosphate Monohydrate (SPM). The dispute centered on whether manufacture solely for export fell under patent infringement, and the court ultimately confirmed the injunction in favor of the plaintiffs.
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