Pharma — India Patent Cases
730 decisions indexed
Page 22 of 25 · 730 total
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.
Vifor (International) Ltd. v.Mr. Dharmendra Vora & Anr.
Vifor (International) Ltd. filed a suit seeking permanent injunction and damages against Mr. Dharmendra Vora & Anr. for infringing Indian Patent No. 221536, which covers a novel water soluble iron carbohydrate complex used for intravenous treatment of iron deficiency. The court found that the defendants were violating the plaintiff's registered patent rights.
Merck Sharp & Dohme Corp. v.Mr. Munish Thakur
Merck Sharp & Dohme Corp. filed a suit seeking permanent injunction and damages against Mr. Munish Thakur for infringing Indian Patent No. 209816, which covers Sitagliptin. The court found that the defendant's product, GLIPSIT-M1, contained Sitagliptin and thus infringed the patent.
Sinopharm Weiqida Pharmaceutical Co v.Dsm Sinochem Pharmaceuticals India Pvt Ltd
The appeal challenged a decree of permanent injunction granted in favor of Sinopharm Weiqida Pharmaceutical Co. The core dispute involved alleged infringement of Patent No. 247301 concerning the 'Process for Preparing Amoxicilin Trihydrate'. The court set aside the previous order, recognizing that questions regarding territorial jurisdiction and the scope of the injunction against foreign manufacturing needed further examination.
CBZ Chemicals Ltd v.Kee Pharma Ltd
CBZ Chemicals Ltd filed a petition against Kee Pharma Ltd claiming deprivation of USD 350,000 related to an agreement for the sale of a process design to manufacture Atorvastatin. The court admitted the petition but deferred the appointment of a Provisional Liquidator, giving the respondent one month to pay the due amount with interest.
M/S. Reata Pharmaceuticals v.Union Of India
M/S. Reata Pharmaceuticals challenged an order passed by the Controller of Patents, arguing that the authority failed to consider superior data regarding their improved product version. The court dismissed the writ petition, holding that since the impugned order was statutorily appealable, the petitioner must utilize the available statutory remedy.
Glaxo Group Limited v.Aar Ess Remedies Private Limited & Ors
The Delhi High Court ruled in favor of Glaxo Group Limited against Aar Ess Remedies Private Limited & Ors for trademark, trade dress, and copyright infringement. The court found that the defendants were infringing on registered trademarks (ZINACEF, FORTAM) and common law rights (FORTAZ), as well as passing off the plaintiff's goods using similar packaging (trade dress/copyright). Given the multiple violations, the court granted permanent injunctions and awarded compensatory and punitive damages of ₹20 lakhs to Glaxo Group.
Cipla Limited v.Novartis Ag & Anr
Cipla Limited appealed an injunction granted against it by the Delhi High Court, which restrained Cipla from using or manufacturing products containing INDACATEROL. The dispute centered on Novartis Ag & Anr's patent (No. 222346) for the drug INDACATEROL, marketed as ONBREZ. While Cipla argued that the respondents did not manufacture the drug in India and thus were not working the patent locally, the court upheld the injunction.
Bayer Corporation v.Union of India
The dispute centered on whether Natco Pharma Limited (Natco) and Alembic Pharmaceuticals Ltd. could export products covered by compulsory licenses, specifically SORAFENAT/SORAFENIB, for regulatory development purposes outside India. Bayer challenged these exports, arguing they infringed the patent or violated the terms of the Compulsory Licence. The court ultimately held that non-patentee companies cannot be deprived of exercising rights under Section 107A merely because a compulsory license was granted.
Bayer Corporation v.Union Of India & Ors
Bayer challenged Natco's (and Alembic's) exports of SORAFENIB/SORAFENAT, which were covered by a Compulsory Licence, arguing these exports infringed the patent. The core legal question was whether Section 107A allowed for such exports for regulatory purposes.
Novartis Ag v.Atoz Pharmaceuticals Pvtltd
Novartis Ag filed a civil suit seeking a permanent injunction and damages against Atoz Pharmaceuticals Pvt Ltd and Zota Pharmaceuticals Pvt Ltd for alleged infringement of its Indian Patent No. 212815 concerning Vildagliptin API/formulations. The court noted that the defendant had cancelled the product 'VILDAPIN-50' as requested by them, leading to the plaintiffs withdrawing most reliefs.
Bristol Myers Squibb Holdings Ireland v.Sanjay Jain
The plaintiffs, Bristol Myers Squibb Holdings Ireland and its subsidiary, filed a suit seeking permanent injunction and damages for the infringement of their patent (IN 203937) covering the anti-cancer molecule DASATINIB. The defendants were proceeded ex parte due to non-appearance in court.
Teva Api India Pvt. Ltd. v.Merck Sharp & Dohme Corp
The respondents sued the appellants alleging infringement of Indian Patent No. 209816 for Sitagliptin. The appellants challenged the interim injunction, claiming their manufacturing and exports were solely for Research & Development (R&D) and obtaining global regulatory approvals before the patent expiry in 2022. The court dismissed the appeal but directed the parties to complete pleadings.
Shomenath Roy Chowdhury v.Eskag Pharma Private Limited
This case involves a dispute over a patent held by Shomenath Roy Chowdhury for a therapeutic composition used in wound healing, marketed as 'Dresin'. The petitioner alleged that Eskag Pharma Private Limited was manufacturing and marketing a similar product under the name 'Sufrate TP', constituting infringement. While the petitioner sought an immediate injunction, the court recognized the need to hear the defense, which primarily argued that the ingredients were well-known in the medicinal field. Consequently, instead of granting an outright ban, the Court appointed a Special Officer to inventory the respondent's stock.
Noraris AG v.Bafna Pharmaceuticals Ltd.
Noraris AG filed a suit alleging infringement of its patent (No. 212815) concerning Vildagliptin API and formulations against Bafna Pharmaceuticals Ltd. The plaintiffs initially prayed for a permanent injunction, rendition of accounts, and delivery up of stock.
Novartis Ag v.Cipla Ltd
This Delhi High Court judgment addressed the jurisdictional scope of an ongoing patent infringement suit (CS No.3812/2014) between Novartis Ag and Cipla Ltd. The core issue was whether the case, despite its low pecuniary valuation, should be transferred to a subordinate District Court under the Commercial Courts Ordinance, 2015. The court ruled that because the defendant had filed a counterclaim challenging the patent's validity, the matter must remain before the High Court's Commercial Division, irrespective of the suit's value.
F.Hoffmann-La Roche Ltd. v.Cipla Ltd.
This Delhi High Court judgment addressed a complex patent dispute between F.Hoffmann-La Roche Ltd. and Cipla Ltd. concerning Erlotinib Hydrochloride, a life-saving cancer drug. The court examined challenges to the validity of Roche's Indian Patent IN '774, particularly regarding inventive step over prior art (EP '226). While the court found that Cipla had raised credible doubts about the patent's validity, it ultimately restored Roche's suit for injunction but denied the immediate grant due to the approaching expiry date of the patent. Consequently, Cipla was directed to render accounts of its sales.
Bayer Intellectual Property Gmbh v.Mr Abhijeet And Anr
The case involves a dispute regarding the commercial launch of the product 'RIVAROXABAN' which is subject to the patent IN 211300 held by the plaintiffs. The defendants stated they are not proposing to launch the product during the patent's lifetime.
Bristol-Myers Squibb Company & Ors v.Dr.Bps Reddy & Ors
The plaintiffs filed a suit for permanent injunction against defendants regarding infringement of Patent No. 203937 concerning DASATINIB API. The court addressed three applications: one to implead Hetero Labs Ltd., one to delete Dr. BPS Reddy, and one to implead Bristol-Myers Squibb Holdings Ireland as the assignee. All three applications were allowed.
Merck Sharp & Dohme Corporation v.Glenmark Pharmaceuticals Ltd.
Merck Sharp & Dohme Corporation filed a suit against Glenmark Pharmaceuticals Ltd., alleging infringement of its Indian Patent No. 209816, which covers Sitagliptin, a key drug for Type II diabetes. The plaintiffs sought a permanent injunction to prevent the defendant from manufacturing and selling generic versions like Sitagliptin Phosphate Monohydrate under brands such as ZITA. The court found that the defendant's actions constituted infringement of the plaintiff's patent rights.
Matrix Laboratories Ltd. v.Income Tax
The assessee, Matrix Laboratories Ltd., appealed against the Assessing Officer's order regarding various deductions. A key issue was whether patent infringement income received from Les Laboratories Servier related to 'Perindopril' could be included in export turnover for Section 10B deduction. The Tribunal also addressed the disallowance of superannuation contributions.
Bayer Corporation v.Union Of India And Others
Bayer Corporation appealed an order allowing Nacto Pharma Ltd. (NPL), a compulsory licensee, to export its product 'Sorafenat' outside India for clinical trials. Bayer alleged this violated the terms of the compulsory license granted under Section 84 of the Patents Act, 1970. The court directed that instead of deciding the appeal on merits, the underlying writ petition be disposed of expeditiously by impleading relevant regulatory authorities.
Novartis AG v.Nutra Specialities Pvt. Limited
Novartis AG filed a suit alleging that Nutra Specialities Pvt. Limited was infringing its Indian Patent No. 212815 related to Vildagliptin API and formulations. The dispute was resolved after the defendant submitted an affidavit undertaking to cease all infringing activities, leading the court to decree the suit in favor of the plaintiff.
Shilpa Medicare Limited v.Bristol-Myers Squibb Company And Ors.
This appeal involved Shilpa Medicare Limited challenging the rejection of its application to dismiss a patent infringement suit filed by Bristol-Myers Squibb Company. The core dispute centered on whether the court had territorial jurisdiction, given that Shilpa's manufacturing unit was located outside Delhi. Bristol-Myers argued that the threat of infringing products being sold or offered for sale in Delhi, through generic partners like Natco, established sufficient cause of action within the court's jurisdiction. The High Court upheld the original order, finding no infirmity with the jurisdictional ruling.
Novartis AG v.Union of India
Novartis AG challenged an order passed by the Intellectual Property Appellate Board (IPAB) which allowed a Miscellaneous Petition filed by Wockhardt Limited. Novartis argued that the IPAB exceeded its jurisdiction and violated procedural rules by permitting additional grounds and documents in the patent revocation case. The Madras High Court upheld the IPAB's decision, finding it within its powers to regulate procedure based on principles of natural justice.
Nacto Pharma Limited v.Union Of India & Ors.
Nacto Pharma Limited challenged the actions of a respondent authority regarding the grant of a patent to another party. The petitioner alleged that the authority proceeded with merit-based objections without first addressing preliminary objections concerning a breach of Patent Rule 55 (4).
Bristol-Myers Squibb Company v.Mr.D. Shah
Bristol-Myers Squibb Company filed two suits seeking permanent injunctions and damages against Mr. D. Shah and others for infringing its Indian Patent No. 203937. The patent covers DASATINIB, an anti-cancer molecule used to treat chronic myeloid leukemia (CML). Given the defendants' admission of infringement and the risk of irreparable harm, the Delhi High Court allowed the injunction applications, maintaining the status quo during the trial.
Bristol-Myers Squibb Company v.Mr. J.D. Joshi
Bristol-Myers Squibb Company filed two suits seeking permanent injunction and damages against the defendants for infringing its Indian Patent No. 203937, which covers the anti-cancer drug DASATINIB. The plaintiffs argued that the defendants intended to launch generic products violating their exclusive patent rights. Given the prima facie evidence of infringement and the irreparable harm the plaintiff would suffer, the court granted an interim injunction to maintain the status quo during the trial.
The Delhi Network Of Positive People v.Union Of India
This Public Interest Litigation (PIL) challenged the practice of pharmaceutical companies abusing Section 16 of the Patents Act, 1970. The petitioner argued that filing identical divisional patent applications was used to keep patents alive and obstruct access to affordable medicines, particularly ARVs for HIV/AIDS patients. While acknowledging the merit in the grievance regarding process abuse, the court ultimately held that it could not issue directions requiring the Executive to amend statutory rules or interfere with the domain of administrative procedure, instead directing the respondents to consider rule amendments as a representation.
Merck Sharp And Dohme Corporation v.Glenmark Pharmaceuticals
Merck Sharp & Dohme Corporation appealed the dismissal of its application for an ad interim injunction against Glenmark Pharmaceuticals regarding the patented drug Sitagliptin. MSD alleged that Glenmark's products, marketed as Zita and Zitamet, infringed upon its patent (Indian Patent No. 209816), which covers a key molecule used to treat Type 2 Diabetes Mellitus. The Delhi High Court allowed the appeal, granting an interim injunction in favor of MSD, thereby restraining Glenmark from further selling or distributing the infringing products while the main suit proceeds.
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