Pharma — India Patent Cases
730 decisions indexed
Page 23 of 25 · 730 total
Gilead Pharmasset, Llc v.Union Of India & Anr
Gilead Pharmasset challenged an order passed by the Patent Office, arguing that it violated natural justice because the decision considered grounds and material from pre-grant oppositions (filed under Section 25) without giving the petitioner a hearing. The court found that the availability of this opposition material created a potential for bias, leading to the setting aside of the impugned order.
Symed Labs Ltd. v.Glenmark Pharmaceuticals Ltd.
Symed Labs Ltd. filed a suit alleging that Glenmark Pharmaceuticals Ltd. was manufacturing and selling Linezolid using processes that infringed upon Symed's registered patents (IN '062 and IN '063). The Plaintiff argued that its patented methods were more economical, safer, and commercially viable than the prior art processes. The court granted an ad interim injunction restraining the Defendants from continuing the infringing activities.
Novartis Ag v.Cipla Ltd
Novartis AG filed a suit against Cipla Ltd alleging infringement of its patented drug, INDACATEROL Maleate, used for treating COPD. Novartis sought a permanent injunction to restrain the use and sale of the infringing product. The Delhi High Court addressed the interim application, noting that while the defendant had not applied for compulsory licensing, the grounds under the Patents Act were relevant. Consequently, the court granted an interim injunction restraining Cipla from manufacturing or selling INDACATEROL Maleate until the final outcome of the suit.
Bayer Corporation v.Union Of India & Ors
The application sought permission to export 1 kg of API Sorafenib (Sorafenat), which was manufactured under a compulsory license granted to NPL. Bayer challenged this export, arguing it constituted a commercial transaction and violated the terms of the compulsory license. The Court ultimately held that the export for regulatory approval purposes falls within the exception provided by Section 107A.
Merck Serono S.A. v.Union Of India & Ors.
Merck Serono S.A. challenged the Controller of Patents & Design's decision to declare its patent application abandoned under Section 21(1) of the Patent Act, 1970. The petitioner argued that it had actively pursued the application by responding to both the First and Second Examination Reports. The High Court ruled in favor of the petitioner, holding that active pursuit negates abandonment.
Symed Laboratories Pvt. Ltd. v.Sharon Bio-Medicine Ltd. And Ors.
Symed Laboratories filed a suit for permanent injunction against Defendants, alleging infringement of their patents (IN 213062 and IN 213063) related to novel processes for preparing Linezolid. Defendant No. 3 moved an application seeking amendment of its written statement, arguing that it was merely purchasing the product from the market and not manufacturing it using the patented process. The Court partly allowed the amendment.
Novartis Ag And Ors. v.Ranbaxy Laboratories Ltd.
Novartis Ag filed a suit seeking permanent injunction against Ranbaxy Laboratories Ltd., alleging infringement of Indian Patent No. 212815, which covers the compound Vildagliptin for treating Type 2 Diabetes Mellitus. The Plaintiffs claimed that despite no immediate launch by the Defendant, its listing of Vildagliptin as an API on its website posed a significant threat to their market share. Considering the potential infringement and the balance of convenience, the Delhi High Court granted an ad-interim injunction restraining Ranbaxy from manufacturing or selling products containing Vildagliptin.
Bayer Corporation v.Union of India Through The Secretary; The Controller of Patents; Natco Pharma Limited
Bayer Corporation challenged the order by the Intellectual Property Appellate Board (IPAB) which upheld the Controller's decision to grant a Compulsory License to Natco Pharma Limited. The license was granted for Bayer's patented drug, Sorafenib Tosylate (Nexavar), used in treating various cancers.
Teva Pharmaceutical Industries Ltd v.Natco Pharma Limited
Teva Pharmaceutical Industries challenged an order that returned its patent infringement suit against Natco Pharma Limited, arguing that the Delhi High Court lacked territorial jurisdiction. The core dispute revolved around whether the process patent infringement claim was limited only to exports from Hyderabad or if it extended to the apprehension of marketing within Delhi. The court held that since the plaint pleaded an apprehension of sale/marketing in Delhi, the court possessed jurisdiction. Consequently, the appeal was allowed, and the suit was restored.
Teva Pharmaceutical Industries Ltd. v.Natco Pharma Limited
Teva filed suit alleging Natco infringed its process patent (IN.190759) by manufacturing and exporting glatiramer acetate under the brand 'Glatimer'. Natco challenged the jurisdiction of the Delhi High Court, arguing that the alleged infringement related to export outside India, not local sales.
Teijin Limited v.Union of India Through The Secretary, Department of Industry, Ministry of Industry and Commerce
Teijin Limited filed a writ petition seeking to quash orders that declared its Patent No. 207883 as ceased due to non-payment of renewal fees (annuities). The Petitioner argued that payments for various annuities, including the 3rd to 9th and 10th year, were made but incorrectly recorded by the Patent Office. The Court found in favor of the Petitioner, directing the restoration of the patent.
M/S Universal Pharma v.G M Bell Health Care Pvt Ltd
The Gujarat High Court dismissed an appeal filed by M/S Universal Pharma against a trial court's interim injunction. The dispute involved allegations of copyright infringement and passing off related to pharmaceutical products. The court found that since the main suit was yet to be decided, scrutinizing evidence at the interim stage would prejudice the trial. Consequently, the High Court vacated the existing injunction, favoring the defendant (Universal Pharma) for now.
M/s.La Renon Health Care Pvt. v.Union of India
M/s. La Renon Health Care Pvt. challenged the Intellectual Property Appellate Board's (IPAB) dismissal of its application to revoke Indian Patent No. 224100, which covered compositions for augmenting kidney function. The petitioner sought a writ of mandamus to quash the IPAB order and direct the Controller General of Patents to cancel the patent granted to Kibow Biotech Inc. The Madras High Court examined the matter under supervisory jurisdiction, focusing on procedural fairness rather than substituting its own technical findings.
Bristol Myers Squibb Company v.V.C. Bhutada
The suit was filed by Bristol Myers Squibb Company against V.C. Bhutada and others, seeking permanent injunction against the infringement of Indian Patent No. 203937 covering the API DASATINIB (marketed as SPRYCEL). The current application sought to return the plaint for presentation in a different court based on territorial jurisdiction.
F Hoffman La Rochee Ltd & Anr v.Cipla Ltd.
This appeal involved disputes between Roche and Cipla regarding Patent No. 196774, which covered a cancer treatment drug ('Polymer A'). While Cipla had raised counterclaims seeking revocation based on non-disclosure (Section 8), the Division Bench addressed whether to stay the IPAB proceedings pending the outcome of cross-appeals in the High Court.
Jagdale Industries Limited v.Halewood Laboratories Pvt. Ltd.
Jagdale Industries Limited appealed an order dismissing its application for leave to sue Halewood Laboratories Pvt. Ltd. and others regarding alleged infringement of Patent No. 247946, which covers a fruit juice based electrolyte energy drink. The High Court dismissed the appeal, holding that the appellant failed to demonstrate sufficient evidence or causal link showing that a part of the cause of action arose within the court's territorial jurisdiction.
Merck Sharp And Dohme Corporation v.Glenmark Pharmaceuticals Ltd
Merck Sharp And Dohme Corporation filed an application seeking an interim injunction against Glenmark Pharmaceuticals Ltd, alleging infringement of its patent on the molecule SITAGLIPTIN. The plaintiffs argued that the defendant's product infringed their patented composition and brand names (JANUVIA/JANUMET). However, the court dismissed the application, finding that the plaintiffs failed to plead necessary circumstances regarding prior unsuccessful applications for related patents.
Novartis Ag v.Union Of India & Ors
This landmark Supreme Court judgment addressed the critical interplay between Section 3(d) of the Patents Act, 1970, and the definition of 'invention.' The case centered on Novartis's claim for a patent covering the beta crystalline form of Imatinib Mesylate (marketed as Glivec/Gleevec), a life-saving drug. The Court was tasked with balancing the need to encourage pharmaceutical research and development against India’s commitment to ensuring affordable access to essential medicines, particularly in developing nations.
Vittal Mallya Scientific Research Foundation v.Indus Biotech Private Limited
Vittal Mallya Scientific Research filed a civil suit seeking permanent injunctions against Indus Biotech Private Limited for manufacturing and selling products (soluble double metal salt of HCA and anti obesity beverages) in violation of several process patents. The plaintiff subsequently moved to withdraw the suit as 'not pressed', which the court accepted, dismissing the case.
Sugen Inc. v.A. Rao & Anr.
The plaintiffs sued for injunction against infringement of Indian Patent No.209251, which covered the drug SUTENT. Although the Supreme Court initially set aside a revocation order, the Assistant Controller subsequently revoked the patent again. The court ultimately held that since the patent was revoked, the basis for the interim injunction disappeared, and the plaintiffs' application for continued relief was dismissed.
Cipla Ltd. v.Union Of India and Others
Cipla Ltd. challenged the grant of Patent No. 209251 by filing an application for revocation. The Controller subsequently revoked the patent based on the Opposition Board's recommendation. The Supreme Court set aside the Controller's order, finding that it violated the principle of natural justice because the parties were not provided with a copy of the Opposition Board's report.
Cipla Ltd. v.Union Of India And Ors.
Cipla Ltd. appealed an order passed by a Single Judge which restrained it from marketing its drugs. The original dispute involved the second respondent challenging the revocation of its patent by the Assistant Controller, arguing that provisions of Section 25(3) and (4) of the Patents Act were not followed. The High Court dismissed Cipla's appeal, upholding the interim restraint order.
Smithkline Beecham Plc. v.Sunil Sarmalkar
The Delhi High Court dismissed the suit filed by Smithkline Beecham Plc. against Sunil Sarmalkar concerning alleged infringement and passing off of trademarks PARAMAX and PANAMAX, as well as copyright infringement related to a 'Swirl device.' The court emphasized that mere trademark registration is insufficient; the plaintiff must prove actual use and sales to establish distinctiveness and proprietary rights. Furthermore, the court held that the swirl pattern was likely a design element for passing off purposes rather than an original artistic work qualifying for copyright protection.
F. Hoffmann-La Roche Ltd. v.Cipla Ltd.
F. Hoffmann-La Roche Ltd. (Roche) filed a suit against Cipla Ltd., alleging infringement of its patent for the cancer drug Erlotinib (marketed as Tarceva). The plaintiffs sought permanent injunctions and damages, asserting their exclusive rights under the Patent Act, 1970. However, after considering various issues, including whether the defendant's actions constituted infringement and whether the patent itself was valid, the court ultimately dismissed both the original suit and the counter-claim.
Troikaa Pharmaceuticals Ltd v.Akums Drugs and Pharmaceuticals Ltd & 2
The suit concerned the dispute between Troikaa Pharmaceuticals Ltd and Akums Drugs regarding the manufacture of Diclofenac Sodicum Injection. The High Court modified an earlier ex-parte interim relief, based on a consensus reached by both parties in a previous appeal, extending the injunction until June 19, 2012.
Unknown v.S.K.Maingi
The plaintiffs filed a suit seeking permanent injunction and damages against the defendant for infringing Indian Patent No.196774, which covers Erlotinib Hydrochloride. The core legal issue before the Madras High Court was whether it had the necessary territorial jurisdiction to try the infringement case, given that the plaintiff was not a resident of Delhi and the alleged sales were isolated.
Natural Remedies Private Limited v.Indian Herbs Research & Supply Co Ltd
The plaintiff, Natural Remedies Pvt Ltd, filed a suit seeking permanent injunction against the defendants for manufacturing and selling 'Livoliv-250', alleging infringement of their protected Patent No. 186857 for 'A method of preparing a Herbal Hepatoprotective and Antihepatotoxic Composition' (Zigbir). The court found that the defendants did not follow the same patented process, and furthermore, the invention lacked an inventive step, leading to the patent being revoked.
Matrix Laboratories Limited v.F.Hoffman La Roche Ltd.
This appeal involved Matrix Laboratories Limited challenging an order that granted leave to sue regarding alleged infringement of Patent No. 196774, which covers Erlotinib Hydrochloride. The core dispute centered on whether the appellant's filing of a revocation petition before the IPA Board in Chennai created sufficient territorial jurisdiction for the Madras High Court to hear the suit. The court ultimately ruled that merely approaching the IPA Board does not automatically confer cause of action or jurisdiction, especially when the appellant's primary operations are elsewhere.
Respondents/Plaintiffs v.Applicant/Defendant
The plaintiffs filed a suit seeking permanent injunction against the defendant for infringing Indian Patent No.196774 related to the cancer drug EROLTINIB HYDROCHLORIDE (TARCEVA). The defendant subsequently filed an application to revoke the leave granted by the court, arguing lack of jurisdiction. The Court held that since the defendant approached the IPA Board in Chennai with a revocation petition, a part of the cause of action arose within its jurisdiction.
Neon Laboratories Pvt.Ltd. v.Troikaa Pharma Limited
Neon Laboratories challenged the grant of Patent No.231479 held by Troikaa Pharma Limited, arguing that the company was prejudiced because it was not afforded an opportunity to oppose additional claims made during the examination process. The High Court set aside the patent grant and directed the Controller to conduct a fresh hearing on the original and amended claims.
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