Pharma — India Patent Cases
730 decisions indexed
Page 24 of 25 · 730 total
M/S UCB FARCHIM SA v.M/S Cipla Ltd.
The petitions challenged orders passed by the Assistant Controller of Patents rejecting patent applications or related documents. The court examined the statutory scheme of the Patents Act, particularly concerning pre-grant and post-grant opposition procedures introduced by the 2005 Amendment Act.
Glochem Industries Ltd. v.Cadila Healthcare Ltd.
Glochem Industries Ltd. challenged an order passed by the Assistant Controller of Patents & Designs that dismissed its representation by way of opposition against Cadila Healthcare Ltd.'s patent application for Clopidogrel Besylate. The Petitioners argued that the invention lacked enhancement in therapeutic efficacy, which was a core ground for opposition under the Patents Act. The Bombay High Court set aside the dismissal order and directed the matter to be reconsidered afresh by the Patent Office.
Vittal Mallya Scientific Research Foundation v.Indfrag Limited
The applicants filed three applications seeking supplementary instructions to IIT, Madras, to examine whether the respondent's production process for Double Metal Salt of HCA infringed upon the applicants' patents. The court dismissed these applications, holding that they constituted an abuse of the process and were unnecessary since the trial was yet to commence.
Bayer Corporation v.Union of India
Bayer Corporation, holding a patent for the drug Sorafenib tosylate, challenged the licensing process of its competitor, Cipla, arguing that Cipla's application for 'Soranib' constituted an infringement. Bayer contended that granting the license would violate Section 48 of the Patents Act and contravene the definition of a 'spurious drug' under the Drugs and Cosmetics Act. The Delhi High Court ultimately dismissed the writ petition, holding that unpatented drugs cannot be deemed 'spurious drugs,' thereby upholding the procedural integrity of the licensing process.
Aventis Pharmaceuticals Inc. and AMR Technology, Inc. v.Barr Laboratories, Inc., Ranbaxy Laboratories Ltd. and Ranbaxy Pharmaceuticals Inc.
Aventis Pharmaceuticals Inc. and AMR Technology, Inc. filed a petition seeking permission from the Punjab-Haryana High Court to execute a letter of request issued by the United States District Court for the District of New Jersey under the Hague Convention. The request sought evidence and documents related to patent infringement concerning Aventis's ALLEGRA® drug products manufactured using intermediates supplied by Ind-Swift Laboratories Ltd.
F. Hoffmann-La Roche Ltd. v.Cipla Ltd.
F. Hoffmann-La Roche Ltd. (Roche) appealed a decision that denied an interim injunction against Cipla Ltd. regarding the manufacturing and sale of the generic drug Erlocip, which is based on the patented molecule Erlotinib (Tarceva). The plaintiffs claimed patent rights over this cancer treatment. However, the Delhi High Court dismissed the appeal, finding that the defendant had raised credible challenges to both the validity of the patent and the prima facie case for infringement. Crucially, the court emphasized that public interest in greater access to life-saving drugs must outweigh the interest in granting an injunction.
Vee Excel Drugs & Pharmaceuticals Ltd. v.Hab Pharmaceuticals & Research Lim.
Vee Excel Drugs & Pharmaceuticals Ltd. filed a suit seeking permanent injunction against Hab Pharmaceuticals & Research Lim., alleging infringement of its registered trademark 'Vega Asia' and associated copyrights in packaging designs. The defendant countered by asserting prior use, holding its own registrations (including the mark 'Vegah'), and crucially, arguing that the plaintiff had suppressed material facts regarding pending rectification applications and previous complaints. The Delhi High Court ultimately dismissed the plaintiff's interim injunction application, finding that the plaintiff's conduct disentitled them from relief at this stage.
Indian Network for People living with HIV/AIDS v.Union of India
The petitioners, representing people living with HIV/AIDS, challenged the grant of Patent No.207232 by F.Hoffmann-La Roche AG for Valganciclovir derivative. They argued that since India adopted a product patent regime in 2005, any product invention disclosed prior to 1995 should be considered public domain and lack novelty. The court allowed the writ petition, setting aside the patent grant.
Natco Pharma Limited v.Union Of India & Ors.
The Supreme Court addressed an appeal concerning patentability issues involving crystal modification of an N-Phenyl-2-Pyrimidineamine derivative. The core issue was the absence of a qualified Technical Member in the Intellectual Property Appellant Board (IPAB).
Glaxo Smith Kline Plc v.Controller Of Patents & Designs
The dispute concerned the application for Exclusive Marketing Right (EMR) under the Patents Act. After the relevant chapter was repealed by amendment in 2005, the appellants challenged the High Court's decision which had allowed appeals based on the argument that no further consideration of EMR was possible post-amendment. The Supreme Court ruled that due to Section 6 of the General Clauses Act, the vested right to challenge earlier orders remained alive.
F. Hoffmann-La Roche Ltd. v.Cipla Limited
This case involves F. Hoffmann-La Roche Ltd. seeking an ad-interim injunction against Cipla Limited for allegedly infringing its patent on the cancer drug Erlotinib (marketed as Tarceva). The court examined the balance between protecting the innovator's intellectual property rights and ensuring public access to a life-saving generic medication. Ultimately, the court dismissed the request for an immediate injunction, prioritizing the public interest in patient access.
Novartis AG v.Union of India
Novartis AG challenged the constitutional validity and TRIPS compliance of Section 3(d) of the Patents Act, 1970 (as amended in 2005), arguing it was vague and arbitrary. The petitioner sought a declaration that the section was unconstitutional and requested permission to allow a specific patent application.
Fdc Limited (and others) v.Sanjeev Khandelwal Prem Niwas (and others)
This Civil Revision Petition challenged the grant of an ex parte ad-interim injunction by the trial court against several pharmaceutical companies. The petitioners argued that the injunction was arbitrary, as they were based outside the jurisdiction and no substantive evidence of infringement had been considered. The Madras High Court suspended the interim order, emphasizing that such a drastic relief requires elaborate oral and documentary evidence from both sides before judicial scrutiny.
Bilcare Limited v.The Supreme Industries Ltd.
Bilcare Limited filed suits against The Supreme Industries Ltd. alleging infringement of its patented metallized PVC film used in pharmaceutical packaging. Bilcare sought a temporary injunction to restrain the respondents from manufacturing or selling the infringing product. However, the Delhi High Court dismissed the appeals filed by Bilcare, upholding the trial court's decision. The court found that the essential conditions for granting an injunction—prima facie case, balance of convenience, and irreparable loss—leaned in favor of the respondents.
Bilcare Limited v.M/s.Associated Capsules Private Limited
Bilcare Limited filed a suit seeking permanent injunction against M/s.Associated Capsules Private Limited for infringing its registered patent (No. 197823) related to 'metallized' film used in pharmaceutical packaging. The court examined the validity and infringement claims, ultimately finding that the plaintiff failed to establish a prima facie case.
Kerala Ayurveda Limited v.State Of Kerala
The petitioner sought permission from various state departments, including the Department of Customs/Central Excise, to incorporate a name change in its L2 license. The Commissioner of Excise and the Government rejected these applications, citing violation of the Emblems and Names (Prevention of Improper Use) Act, 1950. The High Court ruled that since the Registrar of Companies had already approved the name change, the subsequent rejection by the Excise authorities was unwarranted.
Novartis Ag. v.Cipla Ltd.
Cipla Ltd. opposed Novartis AG's patent application for a new crystal form of imatinib mesylate. The IPAB found that the subject matter was merely a new form of a known substance without significant enhancement in efficacy, thus failing Section 3(d). Furthermore, the court disqualified the application due to improper claiming of Swiss priority.
Glaxo Smith Kline Plc And Ors. v.Controller Of Patents And Designs And ...
Glaxo Smith Kline challenged the rejection of their application for exclusive marketing rights. The core dispute revolved around whether the Controller was legally obligated to consider the examiner's report when making the final decision under Section 24A of the Patents Act, 1970. The Court set aside the impugned order and remanded the matter for a fresh decision based on the law existing at the time of the initial rejection.
Novartis Ag v.Cancer Patients Aid Association.
The opposition was filed against Novartis AG's patent application for a specific crystalline form (ß-crystal) of imatinib mesylate. The Tribunal found that the invention was anticipated by prior art and did not meet the enhanced efficacy requirement under Section 3(d), leading to the refusal of the patent application.
Novartis Ag v.Hetero Drugs Limited
Novartis AG applied for a patent on the ß-crystal form of imatinib mesylate. Hetero Drugs Limited opposed the application, arguing that the invention was anticipated by prior art and did not meet the enhanced efficacy criteria under Section 3(d) of the Patents Act, 1970. The Tribunal agreed with the opposition, finding that the subject matter was a new form of a known substance without significant improvement in efficacy.
Novartis Ag v.Ranbaxy Laboratories Ltd.
Ranbaxy Laboratories Ltd., on behalf of Lakshmi Kumaran & Sridharan, opposed Novartis AG's patent application for a specific crystalline form (ß-crystal) of imatinib mesylate. The Tribunal found that the invention was anticipated by prior art and did not demonstrate enhanced efficacy as required under Section 3(d), leading to the refusal of the patent.
Novartis Ag v.Natco Pharma Ltd.
Natco Pharma Ltd. opposed the patent application filed by Novartis Ag for a specific crystalline form of imatinib mesylate. The Tribunal found that the invention was anticipated by prior art and did not meet the criteria for enhanced efficacy under Section 3(d). Consequently, the application was refused.
Novartis Ag v.Cipla Ltd.
Cipla Ltd. opposed Novartis Ag's patent application for the ß-crystal form of imatinib mesylate. The Tribunal found that the invention was merely a new form of a known substance and did not demonstrate significant enhancement in efficacy as required under Section 3(d). Furthermore, the application was disqualified for wrongly claiming priority.
Wockhardt Limited v.Hetero Drugs Limited
Wockhardt Limited, holding a Process Patent and Exclusive Marketing Right (EMR) for Nadifloxacin 1% Cream, filed suit against Hetero Drugs Limited and others alleging patent infringement. The lower court had previously vacated an interim injunction granted to Wockhardt. This Division Bench set aside the single judge's order, finding that Wockhardt was entitled to an injunction due to a prima facie case and the risk of irreparable injury.
Wockhardt Ltd. v.Hetero Drugs Ltd. And Ors.
Wockhardt Ltd. filed Original Applications seeking an ad-interim injunction against Hetero Drugs Ltd. and others for infringing Patent No. 188847, Patent No. 188347, and EMR No. EMR/1/03 related to Nadifloxacin 1% cream (NADIDERM). The Madras High Court ultimately vacated the interim injunction, finding that the respondent had a valid manufacturing license based on US and Japan patents, and the challenge to this license was still pending before the Delhi High Court.
Pfizer Ltd. v.Commissioner Of Central Excise
The appellant (a medicament manufacturer) entered into an agreement with Pfizer Inc. to receive technical know-how and use patented technology for manufacturing pharmaceuticals. The Department levied Service Tax on payments made to Pfizer, classifying it as 'engineering consultancy'. The Tribunal ruled that since the transaction was a license/transfer of intellectual property know-how, not professional engineering advice, the levy of Service Tax was unwarranted.
N/A v.N/A
The Lok Sabha debated the Patents (Amendment) Bill, 2005, which sought to introduce product patents. Opposition members strongly argued that this change would lead to exorbitant drug prices, making essential medicines inaccessible to the common man, thereby violating the fundamental right to health under Article 21. Despite these concerns, the Minister of Commerce and Industry successfully moved the motion, and the Bill was ultimately passed by the House.
The Government of India v.Concerned Citizens/Pharmaceutical Industry Stakeholders
The debate centered on the introduction of a Bill to further amend the Patents Act, 1970. Opponents argued that the amendment would compromise India's strong generic drug industry and restrict public access to affordable life-saving medicines. The Speaker ultimately allowed the motion for introducing the Bill to be adopted.
Novartis Ag And Anr. v.Mehar Pharma And Anr.
Novartis sought an interim injunction restraining Mehar Pharma from manufacturing, selling, or exporting its anti-cancer drug 'VEENAT', which was alleged to infringe Novartis's Exclusive Marketing Rights (EMR) for 'B-crystalline form of imatinib Mesyiate salt'. The court ultimately denied the temporary injunction, citing concerns about disrupting the supply of this life-saving drug in India.
Intas Laboratories Pvt. Ltd. And Anr. v.Novaritis A.G., Schwarzwaldallee,
The dispute concerned the validity of an Exclusive Marketing Right (EMR) granted to Novaritis for the anti-cancer drug, Beta-Crystalline form of Imatinib Mesylate. Intas Laboratories challenged this EMR, arguing it created a monopoly and harmed public interest due to high pricing. The Madras High Court confirmed the interim injunction but mandated that the plaintiffs supply the drug freely to eligible patients.
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