Pharma — India Patent Cases
730 decisions indexed
Page 21 of 25 · 730 total
Oramed Ltd. v.Union Of India & Ors.
Oramed Ltd. challenged a decision dated February 25, 2019, made under Section 15 of the Patents Act, 1970. The petitioner argued that the adjudicating authority erred by proceeding on Section 3(d) instead of Section 3(e), and that the order was based on conjectures rather than conclusive findings. The court found infirmities in the impugned order.
The Regents Of The University Of California v.Union Of India & Ors.
The petitioner challenged the Assistant Controller's decision to reject its patent application for 'Enzalutamide', citing lack of inventive steps. The petitioner further argued that the rejection was vitiated because the Controller failed to address or refer to crucial expert affidavits and scientific documents presented during the proceedings.
Eisai Co. Ltd. v.Satish Reddy
The plaintiffs, holding exclusive rights to Indian Patent No. 215528 for Lorcaserin, filed a suit seeking permanent and interim injunction against the defendants who were planning to commercialize an infringing drug (LHH). The court found that there was a prima facie case of infringement in favor of the plaintiff.
Bayer Corporation v.Union Of India & Ors.
This judgment addresses the interpretation of Section 107A of the Patents Act, 1970, commonly known as the Bolar provision. The court examined whether patented products could be exported for clinical trials and regulatory submissions outside India without constituting patent infringement. The bench affirmed that sale or use under Section 107A is legal both domestically and abroad, provided the end purpose is reasonably related to research and development for regulatory compliance. Furthermore, the judgment clarified that disputes regarding the legitimate scope of this exemption should be adjudicated in civil suits rather than public law proceedings like writ petitions.
Pharmacosmos Holding A/S v.La Renon Healthcare Private Limited & Anr
Pharmacosmos Holding A/S filed a suit for infringement against La Renon Healthcare Private Limited and others regarding Patent No. 291100 ('RAPIFER'). The court granted permanent injunction against Defendant No. 1 based purely on the defendant's binding statement, despite disputes over the plaint's merits. Similarly, the suit against Defendant No. 2 (Corona Remedies Pvt. Ltd.) was disposed of by binding them to their reply stating they were not infringing.
Teva Pharmaceuticals International v.Orbicular Pharmaceutical Technologies Pvt. Ltd.
Teva Pharmaceuticals International filed an Original Petition seeking the appointment of a Local Commissioner in Telangana High Court. The purpose was to collect documents and testimony from Orbicular Pharmaceutical Technologies Pvt. Ltd., which was involved in a U.S. patent infringement case concerning Teva's anti-cancer drug, Bendeka®. The court granted the petition, directing the Principal District Judge, Ranga Reddy, to conduct the proceedings under strict confidentiality terms.
Celgene Corporation v.The Assistant Controller of Patents and Designs, Government of India
Celgene Corporation appealed the rejection of its patent application (No. 8064/CHENB/2010) by the Assistant Controller of Patents and Designs. The appellant argued that their invention—a dissolvable tablet formulation for cancer treatment—had novelty and inventive step over prior art, which consisted of enteric-coated tablets. The High Court found the controller's rejection faulty because it failed to consider the technical advancements presented by the appellant.
Merck Sharp & Dohme Corp v.Venkata Reddy Alla
The suit was filed for permanent injunction restraining infringement of registered Patent No. 209816, along with damages and other reliefs. The case was successfully mediated, leading to a settlement agreement between the parties.
Onyx Therapeutics, Inc. v.Union Of India & Ors
Onyx Therapeutics, Inc. challenged procedural orders issued by the Controller General of Patents concerning a post-grant opposition filed against their Indian Patent No. 255964. The petitioner argued that denying them the opportunity to cross-examine expert witnesses relied upon by the opponent violated principles of natural justice. The Delhi High Court agreed, finding that the denial vitiated the proceedings and set aside the impugned orders.
Novartis Ag v.Natco Pharma Limited
The plaintiffs filed an application seeking to defer or modify the appointment of a scientific expert to determine if the defendant's product, VALSAC, falls within the scope of Claim 1 of their patent (IN 229051). The court accepted the suggestion to appoint an expert from the Roll of Experts and framed a specific question for the appointed Expert Advisor.
Bayer Intellectual Property Gmbh And Anr v.Symed Laboratories Ltd
The execution petition sought to enforce a consent decree from 2015, which restricted Symed Laboratories Ltd from commercially exploiting RIVAROXABAN. The plaintiff later learned that the defendant had obtained a commercial license and made exports. The court addressed jurisdictional objections before disposing of the petition.
Panacea Biotec Limited v.Union of India and others
Panacea Biotec Ltd. challenged the grant of its vaccine patent (IN'351) after the Opposition Board provided a recommendation that the Petitioner deemed 'flawed.' The Petitioner sought the High Court to reconstitute a new Opposition Board. The court rejected the petition, holding that the Act provides a self-contained mechanism for expert adjudication and judicial interference is unwarranted at this stage.
Glenmark Pharmaceuticals Ltd. v.Nk Singh & Ors.
Glenmark Pharmaceuticals Ltd. sought an ad interim injunction against Nk Singh & Ors., alleging that the defendants were openly offering for sale a patented anti-hyperglycemic agent, REMOGLIFLOZIN ETABONATE. The court found that the plaintiff held exclusive rights and granted the injunction.
Novartis Ag v.Natco Pharma Limited
Novartis filed a suit seeking permanent injunction against Natco Pharma Limited for infringing its patented pharmaceutical composition, Valsartan + Sacubitril (Patent No. 229051). The dispute centered on whether Natco's product, VALSAC, was identical to the claimed invention. The court found prima facie merit in Novartis' contentions and appointed an independent Expert Advisor to determine infringement.
DSM Sinochem Pharmaceuticals Netherlands B.V & Anr. v.Sinopharm Weiqida Pharmaceutical Co (WQD) & Anr.
The suit was filed seeking permanent injunction against infringement of a process patent related to 'Amoxicillin Trihydrate'. The application before the court sought contempt proceedings due to alleged violation of an earlier interim order. The court found that the defendant's manufacturing process was virtually identical to the patented process, thus violating the interim restraint.
Bayer Intellectual Property Gmbh & Anr v.Mn Reddy & Anr
The dispute involved allegations of patent infringement concerning the drug RIVAROXABAN (Patent No. 211300). The parties reached a settlement, leading to a decree in favour of the plaintiff.
Merck Sharp & Dohme Corp v.Rshyamala Ranganathan
The plaintiffs filed a suit for permanent injunction against the defendants for infringement of their registered patent. The defendants stated they have never manufactured the products in question and agreed to the decree.
Bayer Intellectual Property Gmbh v.Dr. Abhijit Mukherjee
Bayer sought execution of a prior judgment restraining Dr. Abhijit Mukherjee and others from commercially launching 'RIVAROXABAN' during the lifetime of Patent IN 211300. The court accepted an undertaking from the defendants, including representatives of Dr. Reddy's Laboratories Limited, that they would not make commercial use of the product until the patent expires.
Biogen International Gmbh v.Jayesh Shah
The court passed an order disposing of several applications filed by both parties. The existing interim injunction was confirmed, and the defendant was permitted to sell their existing stock of 'DYFIRA' under specific conditions. This permission required the defendant to furnish a bank guarantee of Rs.30 lacs to secure potential damages.
Sugen Inc. v.K.V. Prakash & Ors
The petitioner (Decree Holder) filed an application alleging that the respondents (Judgment Debtors), including K.V. Prakash, SP Accure Labs Pvt. Ltd., and Accure Labs Pvt. Ltd., were violating a permanent injunction decree by making, selling, or dealing in products infringing Indian Patent No. 209251. The petitioner specifically cited the marketing of medicines named SUNIT 50 and SPUNIT 25. The court directed JD No.1 to appear in person for further inquiry.
Laila Nutraceuticals v.Vittal Malya Scientific Research Foundation (VMSRF)
Laila Nutraceuticals challenged an arbitral award requiring it to pay Rs. 84,00,000/- to Vittal Malya Scientific Research Foundation (VMSRF). The Plaintiff argued that the Defendant's patent claims lacked novelty and that the license agreement was invalid because it was not registered with the Patent Office. The court dismissed the suit, upholding the validity of the arbitral award.
Novartis Ag v.Aanchal Corp
The case involves a Notice of Motion filed by Novartis AG seeking an injunction against Aanchal Corp. for infringing their Indian Patent No. 212815 related to pharmaceutical products containing Vildagliptin.
Novartis AG v.Saimirra Innopharm Private Limited
Novartis AG filed a civil suit alleging infringement of its registered patent (No. 212815) concerning Vildagliptin. The defendant, Saimirra Innopharm Private Limited, contested the claim by stating it neither manufactures nor intends to manufacture the patented drug. By mutual consent, the court disposed of the suit, granting permanent injunctive relief in favor of the plaintiff.
Kyorin Pharmaceutical Co., Limited v.Assistant Controller of Patents and Designs, Government of India
Kyorin Pharmaceutical appealed the rejection of its tablet patent application (No.5360/CHENP/2010), which cited lack of inventive step and non-patentability. The court found that since a process patent for manufacturing the tablet had already been granted, the respondent was estopped from rejecting the product patent on grounds of lacking inventive steps. However, the matter regarding Section 3(e) non-patentability was remitted for fresh consideration.
Krishnamachari Ramu v.Srinivasa Raja
The petitioners challenged the Intellectual Property Appellate Board's order that revoked their patents (No. 193899 and 200285) concerning a novel method for preparing low glycemic sweets using Levulose/Fructose. The High Court found that the dispute required intricate scientific proof regarding the elimination of browning reactions, leading it to set aside the revocation order and remand the matter back to the IPAB.
Vior(International) Ltd v.Maxycon Health Care Private Limited
The plaintiffs filed a suit seeking injunctions, damages, and rendition of accounts against the defendants for infringing an Indian patent (IN No. 221536) related to Ferric Carboxymaltose, as well as for copyright infringement and dilution of their brand image. The court found that the defendants were engaging in infringing activities despite being treated ex parte and violating interim orders.
Sphaera Pharma, Pte. Ltd And Anr. v.Union Of India And Anr.
The petitioner filed a petition seeking directions to restore its Indian Patent Application (No. 3584/DELNP/2015) for examination, which had been treated as abandoned due to failure to file the request within the prescribed time limit. The court examined the mandatory nature of the statutory deadlines and ruled against the petitioner's plea for restoration.
M/S.Antex Pharma Pvt Ltd v.Pureca Laboratories (P) Ltd & Ors
The Delhi High Court ruled in favor of M/S. Antex Pharma Pvt Ltd against Pureca Laboratories (P) Ltd & Ors, finding that the defendants infringed upon the plaintiff's intellectual property rights. The court held that the defendant's use of similar trademarks and packaging for liver tonic preparations amounted to both copyright infringement and passing off. Consequently, the suit was decreed with a permanent injunction restraining the defendants from continuing their infringing activities.
Merck Sharp And Dohme Corp v.Vinod Jadhav
Merck Sharp And Dohme Corp sought confirmation of an existing ex parte ad interim injunction against Vinod Jadhav and others, alleging that they were infringing on their registered patent for the drug SITAGLIPTIN. The plaintiffs established that they held a valid patent (No. 209816) and had previously secured a permanent injunction in a related suit. The court found that the plaintiffs clearly made out a prima facie case and confirmed the interim order, noting the defendants' attempts to delay the matter.
Merck Sharp & Dohme Corporation v.Aprica Pharmaceuticals Private Limited
Merck Sharp & Dohme Corporation filed a suit alleging that Aprica Pharmaceuticals Private Limited was planning to launch a generic version (ECOGLIPT) of its patented drug SITAGLIPTIN. The plaintiffs argued this constituted patent infringement and sought a permanent injunction based on the apprehension of future market flooding. The court found the defendant's actions violated Section 48 of the Patents Act, 1970.
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