Pharma — India Patent Cases
742 decisions indexed
Page 3 of 25 · 742 total
Fdc Limited v.Healing Pharma India Private Limited
Fdc Limited filed a suit against Healing Pharma India Private Limited alleging multiple infringements related to its pharmaceutical products. The Delhi High Court issued an order addressing procedural aspects, including granting exemptions from pre-institution mediation and allowing the filing of additional documents. Crucially, the court also addressed interim relief, restraining the defendant from manufacturing or marketing products confusingly similar to Fdc's registered trademarks (ZIFI) and copyrighted trade dress (ELECTRAL).
Boehringer Ingelheim Pharma Gmbh And Co Kg v.The Controller Of Patents & Anr.
This Delhi High Court order addresses complex procedural issues arising from concurrent litigation between Boehringer Ingelheim Pharma and The Controller of Patents. Specifically, the court examined whether a revocation petition remains maintainable even if the patentee has already raised an invalidity defence in an infringement suit. Furthermore, the bench deliberated on the highly arguable question of whether a patent can be revoked after its term has expired by efflux of time. The court decided to list the matter for further hearing and stayed the impugned order.
Mylan Laboratories Limited v.Celator Pharmaceuticals Inc & Ors.
Mylan Laboratories Limited filed an appeal against the order passed by Respondent No. 2 rejecting the Post-Grant Opposition filed by Mylan against Patent No. IN 315447 held by Respondent No. 1. The court issued notice and directed parties to file replies and rejoinders.
Abbvie Ireland Unlimited Company v.Controller General Of Patents, Design, Trademark And Geographical Indications & Ors.
Abbvie Ireland Unlimited Company challenged the slow pace and procedural irregularities in the handling of its Patent Application No. 8004/DELNP/2011, which was subject to multiple pre-grant oppositions under Section 25(1) of the Patents Act, 1970. The petitioner raised concerns regarding mechanical issuance of notices and delays in pronouncing orders after hearings were concluded. The Delhi High Court intervened, directing the Controller General's office to expedite the process and pass a consolidated order on all pending oppositions by December 31, 2025.
F. Hoffmann-La Roche Ag v.Natco Pharma Limited
F. Hoffmann-La Roche appealed a single judge's decision that dismissed its application for an injunction against Natco Pharma Limited, which was manufacturing and selling Risdiplam. The core dispute centered on whether the species patent (IN 3343971) covering compounds for Spinal Muscular Atrophy was infringed by Risdiplam, or if the claims were obvious based on prior art disclosures in a genus patent (WO'916/US'955).
Chugai Seiyaku Kabushiki Kaisha v.Anthem Biosciences Limited
The dispute involved Chugai Seiyaku Kabushiki Kaisha alleging infringement of its patent (IN 294424) concerning Alectinib against Anthem Biosciences Limited. The parties subsequently agreed to amicably resolve the matter.
XX v.YY
The Plaintiffs filed a suit seeking permanent injunction against the Defendants for infringing Indian Patent No. 419280, which covers Benzamide Derivatives. The court registered the plaint as a suit and issued directions regarding the appointment and scope of the Local Commissioner to investigate the matter.
Helsinn Healthcare Sa v.Aet Laboratories Private Limited & Anr
The suit was filed by Helsinn Healthcare Sa seeking permanent injunction against Aet Laboratories Private Limited and others for infringing its patent IN 426553, which covers compositions for treating chemotherapy induced nausea and vomiting. The court ultimately vacated the existing ad interim injunction, finding that the plaintiff failed to establish territorial jurisdiction or a prima facie case.
XX v.YY
The Plaintiffs filed a suit seeking permanent injunction restraining the Defendant from infringing Indian Patent No. 269841, which relates to Janus Kinase Inhibitors. The court passed several orders, including granting an ex parte ad-interim injunction and appointing a Local Commissioner to inspect premises and take samples of the alleged infringing drugs.
Sanjeev Juneja & Ors. v.Haridwar International Ayurveda & Ors.
In a suit concerning the alleged infringement of its trademark and copyright, Sanjeev Juneja & Ors. successfully secured an ex-parte ad-interim injunction from the Delhi High Court. The court also permitted the appointment of a Local Commissioner to inspect and potentially seize infringing stock bearing the 'PET SAFFA' mark. This order allows the plaintiffs to proceed urgently with their infringement claims while setting out procedural timelines for filing pleadings.
Vertex Pharmaceuticals Incorporated v.Deputy Controller Of Patents And Designs and Anr.
The petitioner, Vertex Pharmaceuticals Incorporated, filed an appeal against the Deputy Controller of Patents and Designs. The court addressed a preliminary issue regarding the maintainability of the matter raised by the respondent Controller.
Incyte Holdings Corporation v.Metrochem Api Private Limited
The Plaintiffs filed a suit seeking permanent injunction against the Defendant for infringing Indian Patent No. 269841, which covers Ruxolitinib compounds used in JAKAVI tablets. The court passed an order granting various exemptions and appointing Local Commissioners to execute the interim injunction.
Apex Laboratories Pvt.Ltd. v.Sunlife Sciences Private Limited
Apex Laboratories Pvt.Ltd filed a suit against Sunlife Sciences Private Limited alleging multiple infringements, including the use of a deceptively similar trademark (ZIMCOFIT) and copyright violation concerning product labels for their pharmaceutical products. The plaintiff sought permanent injunctions and damages based on both Trademark Act and Copyrights Act provisions. Ultimately, the parties reached an amicable settlement, which was subsequently recorded by the Madras High Court, leading to the decree of the suit.
Novartis AG v.Vachichem International Private Limited
The Plaintiffs, Novartis AG, filed a suit seeking a permanent injunction against Vachichem International Private Limited for infringing their Indian Patent No. 283133 covering Ribociclib. The court passed an order granting various exemptions and directing the appointment of a Local Commissioner to conduct an inventory and obtain accounts related to the alleged infringement.
Pharmacyclics Llc v.Deputy Controller Of Patents & Designs
Pharmacyclics Llc appealed the Deputy Controller's order rejecting its divisional patent application. The rejection was based on alleged scope changes and reliance on the parent application's claims. The High Court found that the divisional application should be treated as a substantive application, not bearing on the outcome of the parent, thus setting aside the impugned order.
Boehringer Ingelheim International GmbH v.Femilab Healthcare
The applicant sought an interim injunction against the respondents for infringing Patent No. 268846 related to Empagliflozin and its formulations. The court, however, noted that the subject patent had already expired, leading to the vacation of the existing interim protection.
Frimline Private Limited v.K-Smatco Lifesciences Private Limited
The Plaintiffs filed suit alleging that the Defendants are infringing upon their patented pharmaceutical composition, IN 382949, and also copying content from the Plaintiffs' website. The Suit Patent covers a synergistic combination of Lactoferrin and Guanosine Nucleotide for treating anaemia. Based on the prima facie evidence presented, the Court granted an ad-interim injunction restraining the Defendants from marketing or selling the infringing product 'FERROTOK PLUS', while also allowing interim protection for the Plaintiffs' copyright.
Boehringer Ingelheim International GmbH & Anr. v.Femilab Healthcare & Anr.
Boehringer Ingelheim filed an application seeking permanent injunction to restrain Femilab Healthcare from infringing Patent No. 268846 related to Empagliflozin and its formulations. The court, relying on Supreme Court precedents (Novartis v. Natco), observed that the patent in issue had already expired. Consequently, the interim protection granted earlier was vacated.
Pstgems Private Limited v.Active Ayurvedic Life Private Limited & Ors.
The Delhi High Court granted the plaintiff, Pstgems Private Limited, an ex parte ad-interim injunction in a suit alleging infringement and passing off related to its trademark 'BRAMPIUM' and associated copyrights. The court recognized the urgency of the matter concerning counterfeit products and ordered the appointment of a Local Commissioner. This commissioner is tasked with accessing Defendant No. 1's premises, reviewing CCTV footage, and examining account books and stock registers to gather evidence of infringement.
Pstgems Private Limited v.M/S Sonu Motor & Ors.
The Delhi High Court granted interim relief to Pstgems Private Limited in its suit against M/S Sonu Motor & Ors. The court allowed the plaintiff, a health tech company selling nutraceutical products, to proceed with urgent measures despite seeking exemptions from pre-institution mediation and advance service. Crucially, the court appointed Local Commissioners to conduct an inventory of the alleged infringing goods and packaging materials, paving the way for immediate enforcement against suspected trademark and copyright infringement.
Pharmacyclics Llc v.Shilpa Medicare Limited
The suit was filed by Pharmacyclics Llc seeking permanent injunction against the infringement of Registered Patent No. 262968 by Shilpa Medicare Limited. The parties subsequently entered into a successful settlement agreement through mediation.
Chugai Seiyaku Kabushiki Kaisha & Anr v.Anthem Biosciences Limited
The Plaintiffs filed a commercial suit seeking to restrain the Defendant from dealing in products that infringe their patent (IN 294424) related to Alectinib. The court addressed several interlocutory applications, including those for document production and exemption from mediation. In the main application for interim injunction, the Defendant provided an undertaking not to launch infringing products.
Astellas Pharma Inc v.Everest Pharmaceuticals Limited
Astellas Pharma Inc filed a suit seeking permanent injunction and damages for the infringement of its Indian Patent No. 292990 by Everest Pharmaceuticals Limited and others. The court passed several orders, including granting an ex-parte ad-interim injunction against Defendants 8 and 9 to cease marketing and listing of the infringing product GILTERNIB.
East India Pharmaceutical Works Limited v.Anil Keshrwani And Ors
The Calcutta High Court admitted the plaint filed by East India Pharmaceutical Works Limited against Anil Keshrwani and Ors. The court granted necessary procedural leaves, including exemption from pre-institution mediation.
Incyte Holdings Corporation v.Prajna Generics Private Limited
The Plaintiffs filed a suit seeking permanent injunction against the Defendant for infringing Indian Patent No. 269841, which covers Ruxolitinib compounds and their uses. The Court passed an order appointing a Local Commissioner to inspect the Defendant's premises, obtain accounts, and take samples of the alleged infringing drugs.
Incyte Holdings Corporation & Ors. v.Aeon Formulations Pvt. Ltd.
The Plaintiffs, owners/licensees of Indian Patent No. 269841 covering Ruxolitinib compounds (used in treating Mye), filed a suit against Aeon Formulations Pvt. Ltd. seeking permanent injunction against infringement. The court passed an order granting various exemptions and appointing Local Commissioners to inspect the Defendant's premises, seize samples of the infringing drug, and gather evidence.
Akums Drugs And Pharmaceuticals Limited v.The Controller Of Patents & Anr.
Akums Drugs And Pharmaceuticals Limited filed an Appeal under Section 117A(4) of the Patents Act, 1970, challenging the order dated 26.12.2024 which rejected its patent application (No. 202211027823). The court also disposed of applications regarding exemption and condoned a delay of 110 days in filing the appeal.
Novo Nordisk As v.Dr Reddys Laboratories Limited & Anr.
Novo Nordisk appealed an order passed by the learned Single Judge regarding an interim application in a patent dispute. The respondents argued they had a license to manufacture but not sell the impugned drug in India, reserving the right to export. The High Court disposed of the appeal, advancing the date for further consideration on the issue of export.
F- Hoffmann -La Roche Ag & Anr v.Zydus Lifesciences Limited
The suit was filed seeking permanent injunction against infringement of two Indian patents related to Pertuzumab (Perjeta). The plaintiffs alleged that the defendant was manufacturing and selling a competing version. However, the court found that the plaintiffs failed to conduct necessary analytical characterization or reverse engineering of the defendant's product as required under Section 104A.
E. R. Squibb And Sons, Llc v.Zydus Lifesciences Limited
E. R. Squibb And Sons, Llc filed a suit seeking permanent injunction against Zydus Lifesciences Limited for infringing Indian Patent No. IN 340060, which covers the monoclonal antibody Nivolumab used in cancer treatment. The plaintiffs alleged that the defendant was planning to launch a bio-similar version (ZRC-3276) during the patent's term. The Delhi High Court granted an interim injunction, finding that the plaintiffs had established a prima facie case and irreparable loss would occur without immediate relief.
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