Pharma — India Patent Cases
742 decisions indexed
Page 4 of 25 · 742 total
Valary Lab Private Ltd v.G1 Therapeutics Inc & Anr.
The petitioner, Valary Lab Private Ltd, filed a petition seeking the revocation of Patent No. 434029 and an injunction against threats related to its alleged infringement. The court allowed applications for additional documents and granted notice to all parties. The case is set for re-notification on November 12, 2025.
Otsuka Pharmaceuticals Co.Ltd. v.Controller General Of Patents, Designs And Trademarks and Anr.
Otsuka Pharmaceuticals appealed a decision by the Deputy Controller of Patents which rejected its application for a patent related to aripiprazole microspheres. The core contention raised by Otsuka was that the rejection order lacked any reasoned justification, failing to discuss the invention or adequately address prior art documents (D1, D2, D3). The Calcutta High Court agreed with this assessment, finding the impugned order unreasoned and unsustainable.
Adventia Pharma, S.L & Anr. v.The Assistant Controller of Patents and Designs
Adventia Pharma appealed against the Assistant Controller's order dated January 29, 2025, which refused to grant a patent for Indian Patent Application No. 202117035025. The court allowed applications for exemption and condonation of delay before directing parties to file synopsis and list the case.
Oramed Ltd. v.The Controller General Of Patents And Designs & Anr.
Oramed Ltd. appealed against an order refusing patent grant for its oral insulin composition. The appeal contended that the Deputy Controller made arbitrary omissions of prior art documents and ignored crucial technical data and expert testimony when assessing inventive steps under Section 3(e) of the Patents Act, 1970.
Msn Laboratories Private Limited v.Array Biopharma, Inc & Anr.
The petitioner filed a petition seeking revocation of Indian Patent No. IN304285 ('ERBB Inhibitors') granted to Respondent No. 1 under Section 64 of the Patents Act, 1970. The court also addressed several interlocutory applications regarding filing documents and extensions of time.
Srinivas Jegannathan v.The Controller of Patents
The appellant challenged the Controller's order rejecting Patent Application No. 122/CHE/2006 for a novel antibiotic formulation (Ceftazidime, Tazobactum, and Linezolid). The appellant argued that the combination was not obvious from prior art. The High Court set aside the rejection order and remanded the matter for reconsideration based on the original claims.
Shaperon Inc. v.The Controller General Of Patents And Designs, Mumbai and Anr.
Shaperon Inc. appealed an order passed by the Deputy Controller of Patents & Designs, Kolkata, challenging its validity. The appellant contended that the Deputy Controller failed to consider crucial expert evidence provided by Dr. Seung-yong Seong regarding the invention's technical advancement and advantages. The High Court found the impugned order unsustainable due to this procedural lapse.
Sanofi - Aventis v.Controller General Of Patents, Designs and Trademarks
Sanofi - Aventis challenged an order passed by the Assistant Controller Patent and Designs, which rejected their subject invention under Sections 2(i)(j)(a) and 3(c) of the Patents Act, 1970. The Calcutta High Court took cognizance of this appeal (Oa/11/2019/Pt/Kol). While the Respondent Controller remained unrepresented, the court directed Sanofi - Aventis to ensure proper service on the Controller and file an Affidavit of Service before listing the matter for further hearing.
Reata Pharmaceuticals Inc v.Deputy Controller Of Patents And Design
Reata Pharmaceuticals Inc appealed the Deputy Controller's order rejecting its patent application for 'NOVEL FORMS Of CDDO METHYL ESTER' on grounds of non-patentability under Sections 3(d) and 3(e). The appellant argued that the rejection failed to consider crucial clinical trial data demonstrating enhanced therapeutic efficacy. The High Court set aside the impugned order, holding that the authority must deal with all submitted evidence and provide reasoned orders.
ARDENIA INVESTMENTS, LTD. v.CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS AND ANR
This case involves an appeal filed by Ardenia Investments Ltd. against a previous order dismissing its patent application for a "Drug Delivery System for administration of poorly Water Soluble pharmaceutical Active Substances." The original dismissal held that the subject matter lacked technical advancement and inventive steps, specifically citing Section 3(d) of the Act. The Calcutta High Court has issued procedural directions to the appellant regarding the continuation of the appeal.
Novartis Ag v.Alembic Pharmaceuticals Limited
Novartis Ag filed a suit seeking permanent injunction and damages for infringement of its registered Indian patent (IN 283133) related to Ribociclib. The court proceeded with various interlocutory applications, including those regarding discovery and stay, while the defendant submitted that it is only engaged in permissible research and development.
Astellas Pharma Inc & Anr. v.Lucius Pharmaceutical Lucius Pharmaceuticals Lao Co Ltd & Ors.
Astellas Pharma Inc and its associates filed a suit seeking permanent injunction against Lucius Pharmaceutical for infringing their Indian Patent No. 292990, which covers the new chemical entity GILTERITINIB. The court examined the prima facie case and balance of convenience before granting an ad interim ex-parte injunction. This order restrained the defendants from manufacturing, selling, or distributing any product infringing the patent, including under the brand name LUCIGIL.
Novartis Ag & Anr v.Intas Pharmaceuticals Limited
The plaintiffs filed a suit seeking a permanent injunction and damages for the infringement of their registered Indian patent (No. 283133) related to Ribociclib. The court subsequently heard various interlocutory applications, including those regarding discovery, exemption from mediation, and an application for interim stay.
Celagenex Research India Pvt Ltd v.Pharmak & Anr.
The plaintiff filed a suit seeking permanent injunction against the defendants for infringing its suit patents. The court examined the composition of the impugned products and found that they used exactly the same salt compositions as the plaintiffs' patented formulations. Consequently, the court granted an ex parte ad-interim injunction.
Novo Nordisk As v.Dr. Reddys Laboratories Limited & Anr.
Novo Nordisk filed a commercial suit against Dr. Reddys Laboratories Limited regarding the manufacture and sale of an 'impugned drug'. The court addressed various interlocutory applications related to filing documents and pre-institution mediation. In relation to the main suit, the defendants stated they had a license to manufacture but not sell in India, while the plaintiff argued that export of infringing products also constitutes infringement.
Zeria Pharmaceutical Co. Ltd v.The Controller Of Patents
Zeria Pharmaceutical appealed the refusal of its patent application for a novel intermediate compound (formula 5a). The Controller refused the grant, citing lack of novelty and inventive step under Section 2(1)(ja), and falling within the scope of Section 3(d) due to prior art disclosures. The High Court upheld the Controller's decision.
Taiho Pharmaceutical Co Ltd v.The Controller Of Patents
Taiho Pharmaceutical appealed a refusal order by the Controller of Patents regarding its application for a novel piperidine compound. The rejection was based on lack of inventive step and non-patentability under Section 3(d), citing prior art D1. The High Court found that the Controller failed to identify a specific 'known substance' from the Markush structure in D1, making the rejection unsustainable.
Vertex Pharmaceuticals Incorporated v.Alivus Life Sciences Limited
The plaintiff filed a suit seeking permanent injunction and damages for infringement of Indian Patent No. IN 282654 related to Ivacaftor. The court initially allowed the exemption from pre-litigation mediation, and subsequently passed an interim order granting ex-parte injunctions against the defendant regarding the use and sale of the patented product.
Dr. Reddys Laboratories Limited v.Novo Nordisk A/S
Dr. Reddys Laboratories Limited filed a petition seeking the revocation of Indian Patent No. IN 262697 before the Delhi High Court. The court issued notice to the respondents (Novo Nordisk A/S) and set timelines for filing replies, while also disposing of several interlocutory applications related to procedural matters.
Viiv Healthcare Company And Anr v.Dy Controller Of Patents And Designs And Ors.
Viiv Healthcare Company appealed a decision by the Deputy Controller rejecting its patent application (IN 3865/KOLNP/2007) for HIV integrase inhibitors, Dolutegravir and Cabotegravir. The court found the rejection order unsustainable due to misinterpretation of previous orders and noted an exceptional delay in the process. Consequently, the appeal was allowed, directing fresh adjudication by another Controller.
Viiv Healthcare Company And Anr v.Dy Controller Of Patents And Designs And Ors.
Viiv Healthcare Company appealed a decision by the Deputy Controller rejecting its patent application (IN 3865/KOLNP/2007) for HIV integrase inhibitors Dolutegravir and Cabotegravir. The appeal challenged the rejection order, citing exceptional delays in the patent process. The court allowed the appeal, setting aside the impugned order.
Miss Kiara Rawat Through Mrs. Lovely Gusain v.Union Of India & Ors.
The petitioner sought directions from the Delhi High Court regarding the high cost of the drug Zolgensma. The petitioner requested that the Union of India facilitate the issuance of compulsory licenses under the Patents Act, 1970, and also asked for the formation of a committee to raise funds for her treatment.
Vifor (International) Ag v.Controller Of Patents
Vifor (International) Ag appealed an order by the Assistant Controller rejecting its patent application for a pharmaceutical composition used to treat iron deficiency. The appellant argued that the rejection based on lack of novelty and inventive step was flawed, as the prior art cited was irrelevant and the Controller ignored technical data provided.
Takeda Pharmaceutical Co Ltd v.Controller Of Patents And Designs And Ors.
Takeda Pharmaceutical appealed a rejection order by the Deputy Controller of Patents & Designs regarding its patent application for Novel Protein Kinase Inhibitors (Brigatinib). The rejection was based on lack of inventive steps and Section 3(d) objections. The High Court allowed the appeal, finding that the respondent failed to consider crucial supplementary data demonstrating Brigatinib's superior selectivity and therapeutic efficacy.
UCB Pharma GMBH v.The Controller of Patents and Designs
UCB Pharma appealed an order refusing to proceed with its patent application for a solid dispersion formulation of Rotigotine. The court found that the Controller had caused inordinate delays and violated statutory timelines, compounded by citing new prior art documents at the hearing without proper notification. Consequently, the impugned order was set aside and the matter was remanded for fresh consideration.
Hamdard Laboratories India Medicine Division v.Unani Drugs Manufacturers Association (UDMA)
Hamdard Laboratories India (Medicine Division) appealed against an order dismissing its applications, alleging that UDMA was misleading the public by claiming market dominance and associating Hamdard Food Division products with medicinal claims. The core dispute revolved around the scope of a Family Settlement Deed which divided the HAMDARD Group into Medicine and Food divisions, restricting their respective product lines. The Delhi High Court ultimately dismissed the appeal, noting that the matter fundamentally involved commercial disputes concerning IP rights and required adjudication by a competent Commercial Court.
F. Hoffmann-La Roche Ag v.Natco Pharma Limited
F. Hoffmann-La Roche filed a suit alleging infringement of its species patent (IN 334397) for the drug Risdiplam, marketed as EVRYSDI®, by Natco Pharma Limited. The plaintiffs sought an interim injunction to restrain the defendant from manufacturing and selling the API. However, the court found that the defendant had raised a credible challenge regarding the validity of the patent. Considering the public interest in affordable medicine for rare diseases like SMA, the court dismissed the application for interim injunction, though it clarified that damages would be payable if the plaintiffs ultimately succeed in the trial.
Neoculi Pty Ltd v.The Controller Of Patents And Designs and Anr.
Neoculi Pty Ltd appealed a rejection order by the Assistant Controller of Patent and Designs, Kolkata, which rejected its application for an antibacterial pharmaceutical composition. The rejection was based on lack of inventive steps, unpatentability under Section 3(e), and insufficient disclosure. The High Court found the impugned order unsustainable due to non-application of mind and remanded the matter.
Bristol Myers Squibb Company v.Deputy Controller of Patents & Designs
Bristol Myers Squibb challenged communications from the Deputy Controller of Patents & Designs regarding Patent Application No. 5948/CHENP/2014, arguing that additional documents submitted by the opponent (Indian Pharmaceutical Alliance) should not be considered due to procedural non-compliance. The court ultimately declined to interfere with the decision to receive these documents but directed that the proceedings must conclude expeditiously within three months.
Akebia Therapeutics, INC. v.The Controller of Patents and Designs, Government of India
Akebia Therapeutics appealed the Assistant Controller's order rejecting its patent application (No. 201647000423). The rejection was primarily based on the argument that amending the original method-of-treatment claim to a pharmaceutical composition claim violated Section 59(1) of the Patents Act, 1970. The High Court set aside this order and remanded the matter for re-consideration.
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