Pharma — India Patent Cases
967 decisions indexed
Page 4 of 33 · 967 total
Medilabo Rfp Inc v.The Controller Of Patents
Medilabo Rfp Inc appealed the refusal of its patent application for a prophylactic drug composition intended for neurodegenerative diseases. The core dispute centered on whether the claims, which described a chemical composition, could be rejected under Section 3(i) (lack of inventive step/patentability criteria) because they were used for treatment. The High Court found that the Controller failed to address all objections and misinterpreted the scope of the product claim versus its therapeutic application. Consequently, the appeal was successful, leading to the setting aside of the refusal order and remanding the case for fresh consideration.
Amylin Pharmaceuticals, Llc And Anr v.Assistant Controller Of Patents And Designs
Amylin Pharmaceuticals appealed the Assistant Controller's rejection of its patent application for 'RELEASE FORMULATIONS USING NON-AQUEOUS CARRIERS'. The appeal challenged the finding that the invention lacked inventive step and fell under Section 3(d).
F. Hoffmann-La Roche Ag v.Zydus Lifesciences Limited
The Plaintiffs sought exemption from mandatory pre-litigation mediation. The Court disposed of this application as infructuous and noted that the current suit involves the same Suit Patent as another pending infringement suit (CS(COMM) 567/2024). Consequently, both suits were listed together for further proceedings.
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).
Danone Asia Pacific Holdings Pte Ltd v.M/S Maxford Healthcare And Ors
The Delhi High Court addressed several interlocutory applications in the trademark and copyright infringement suit filed by Danone Asia Pacific Holdings against M/S Maxford Healthcare. The court granted exemptions from pre-institution mediation, allowing the plaintiff to proceed with urgent interim relief. Crucially, the court allowed an ex parte ad interim injunction based on a local commission, which will investigate alleged infringement of the 'PROTINEX' mark and associated trade dress by the defendants' 'PROTILOX' products.
Vinaitheerthagounder Jaundice Treatment Pvt. Ltd. v.The Registrar of Trade Marks
The Madras High Court addressed a writ petition filed by Vinaitheerthagounder Jaundice Treatment Pvt. Ltd., seeking a Mandamus order to compel the Registrar of Trade Marks to issue their trademark. The petitioner's application was pending due to an opposition filed by a third party. The court ultimately disposed of the writ petition, directing the petitioner instead to file an expedite application directly with the Registrar, who must then process it as quickly as possible.
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.
Abbott Laboratories v.The Registrar Of Trade Marks
The Delhi High Court allowed Abbott Laboratories to appeal the rejection of its 'ENSURE' trademark application. The original rejection was based on insufficient evidence supporting a very early claimed date of use (31.12.1999). The court granted liberty for the Appellant to amend its user claim, restricting it to 23.04.2012, and directed the Registrar to reconsider the application afresh. This decision effectively restored the trademark application to its original status.
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.
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.
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 Delhi High Court granted an ex-parte ad-interim injunction in favor of the Plaintiff (Xx) against the Defendants (Yy) concerning trademark infringement and passing off. The court found that the Defendant's use of 'KAMA GEMS' was deceptively similar to the Plaintiff's registered marks, leading to a restraint on selling infringing products and preventing disparagement. Additionally, the court granted several procedural reliefs, including exemption from pre-litigation mediation.
Gujarat Apollo Industries Limited v.Registrar of Trademarks
Gujarat Apollo Industries Limited successfully challenged the Trademark Registry's refusal of its 'Apollo' trademark application in the Gujarat High Court. The initial rejection was based on a likelihood of confusion with an existing mark, but the court accepted an affidavit and No-Objection Certificate (NOC) from the owner of the cited mark. Consequently, the court quashed the original rejection order and directed the Registrar to reconsider the application.
Aculife Healthcare Private Limited v.Auspharma Private Limited
The Madras High Court disposed of OP(TM)No.34 of 2025, which sought rectification of a trademark registration. Although listed for reporting settlement, the court formally accepted and gave effect to a Memorandum of Compromise (MOC) between Aculife Healthcare Private Limited and Auspharma Private Limited. The judgment confirmed that the MOC would form part of the order, effectively resolving the dispute without further litigation.
Danone Asia Pacific Holdings Pte. Ltd. v.Syed Jawed Mohsin & Another
The Calcutta High Court allowed Danone Asia Pacific Holdings Pte. Ltd.'s application for the cancellation and rectification of the mark 'PROTIFIX'. The court found that PROTIFIX was deceptively similar to the petitioner's established trademark, PROTINEX, both visually and phonetically, leading to a high likelihood of consumer confusion in the healthcare goods market. Furthermore, the respondent failed to provide credible evidence of genuine use for the impugned mark, satisfying the grounds for cancellation under Section 47 of the Act.
J. B. Chemicals And Pharmaceuticals Limited v.Mensa Futura Life Sciences Pvt. Ltd.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of J. B. Chemicals And Pharmaceuticals Limited against Mensa Futura Life Sciences Pvt. Ltd., addressing the alleged infringement of the 'ZECUF' trademark. The court recognized the established goodwill and reputation of the Plaintiff's pharmaceutical brand, leading to the appointment of a Local Commissioner. This commissioner is tasked with verifying stock and seizing infringing products, underscoring the judiciary's commitment to protecting registered trademarks in the fast-moving pharma sector.
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.
Novartis Ag & Anr. v.Novarise Pharmachem Private Limited
The Delhi High Court granted an ad-interim injunction in favor of Novartis against Novarise Pharmachem Private Limited, addressing a trademark infringement dispute. The court found that the Plaintiffs had established a prima facie case regarding their registered trade mark 'NOVARTIS,' noting its extensive use and high goodwill in the pharmaceutical sector. Given the likelihood of consumer confusion between 'NOVARTIS' and 'NOVARISE,' the court restrained the defendant from manufacturing or selling products under the impugned mark until further hearing.
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.
Akums Drugs An Pharmaceuticals Limited v.Medivinc Healthcare Pvt Ltd & Anr.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Akums Drugs against Medivinc Healthcare. The court granted exemptions for various procedural requirements, including pre-institution mediation and advance service to defendants. Crucially, the court allowed the plaintiffs' application for an ex parte ad-interim injunction, directing the appointment of Local Commissioners to secure evidence and prevent further 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.
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