Pharma — India Patent Cases
742 decisions indexed
Page 5 of 25 · 742 total
Macleods Pharmaceuticals Ltd v.The Controller Of Patents & Anr.
The review petition was filed by Respondent No. 2 challenging the original judgment dated January 15, 2025. The core dispute revolved around whether raising a defense of invalidity in an infringement suit (Section 107) prevents the patentee from filing a separate revocation petition (Section 64).
Bionorica Se v.Union Of India And Ors
Bionorica Se appealed against a rejection order passed by the Patent Controller, which cited non-compliance with Section 10(4)(b) of the Patents Act. The appellant argued that the rejection was perverse and lacked reasoned application of mind. The High Court set aside the impugned order, finding it cryptic and unreasoned, and remanded the matter back to the Controller for a fresh hearing on merits.
Shaperon Inc. v.Assistant Controller of Patents and Designs, Government of India
Shaperon Inc. appealed the rejection of its patent application concerning compositions for treating allergic skin disorders containing GPCR19 agonists. The rejection was based on lack of novelty, inventive step, and non-patentability under Section 3(e). The High Court set aside the impugned order and remanded the matter for reconsideration.
University College London v.The Assistant Controller of Patents and Designs
University College London appealed an order rejecting its divisional patent application concerning 'A Delayed Release Drug Formulation.' The core dispute centered on whether the complete specification of the parent application related to more than one invention, which was the basis for rejection. The appellant argued that their claims were distinct and did not constitute double patenting. The Madras High Court set aside the impugned order and remanded the matter back to the Controller for reconsideration.
Jansen Pharmaceutica Nv v.Deputy Controller Of Patents And Designs
Jansen Pharmaceutica appealed the rejection of its patent application for a dry, intravenously administrable formulation of tipifarnib. The Controller rejected the application, citing lack of inventive steps and non-patentability under Section 3(e). The High Court found that the impugned order was vague, lacked reasoning, and failed to apply established principles for determining inventive steps.
F Hoffmann-La Roche Ltd & Others v.Drugs Controller General of India & Others
The plaintiffs, innovators of biological drugs 'bevacizumab' (AVASTIN) and 'trastuzumab' (HERCEPTIN), filed suits against generic manufacturers (Hetero and Cadila) seeking permanent injunctions. The current judgment addresses applications for the disclosure and production of documents related to the defendants' regulatory approvals, arguing that the approvals were obtained by suppressing material facts.
F Hoffmann-La Roche Ltd v.Drugs Controller General Of India
The plaintiffs, innovators of biological cancer drugs 'bevacizumab' (AVASTIN) and 'trastuzumab' (HERCEPTIN), filed suits against the Drugs Controller General of India and associated defendants. The current judgment addresses applications seeking disclosure and production of documents related to the DCGI approvals granted to bio-similar versions of these drugs.
Novartis Ag v.Cdymax (India) Pharma Private Limited
The plaintiffs seek a permanent injunction against the defendant for infringing their patent related to the compound Ribociclib, used in breast cancer treatment. The defendant allegedly started manufacturing and exporting the patented compound without authorization.
United States Of America v.Softgel Healthcare Private Limited
The petitioners (United States of America and associated entities) filed petitions seeking judicial assistance from the Madras High Court to execute Letters Rogatory issued by the United States District Court at Delaware. The dispute concerns alleged infringement of the '441 Patent' covering VYNDAMAX® by generic versions submitted via ANDA applications in the U.S.
United States Of America v.Softgel Healthcare Private Limited
The petitioners (United States of America and associated entities) filed petitions seeking execution of Letters Rogatory issued by a US District Court. The dispute concerns alleged infringement of the '441 Patent' related to VYNDAMAX® by generic versions submitted via ANDA applications. The court passed an order appointing a Local Commissioner and setting up protocols for evidence collection.
Apex Laboratories Pvt. Ltd. v.Ethichem Biotech
Apex Laboratories Pvt. Ltd filed a suit against Ethichem Biotech and others, alleging infringement of its registered trademarks and copyright related to the product ZINCOVIT. The plaintiff sought permanent injunctions against using deceptively similar marks like ZINCOVITA and for passing off. Despite the initial claims of trademark and copyright violations, the parties ultimately reached an amicable settlement.
Macleods Pharmaceuticals Ltd. v.The Controller Of Patents & Anr.
Macleods Pharmaceuticals Ltd. (Petitioner) filed a revocation petition against Indian Patent IN 243301, held by Boehringer Ingelheim Pharma GmbH & Co. KG (Respondent No. 2), concerning the anti-diabetic drug LINAGLIPTIN. The Respondent challenged the maintainability of the petition on grounds that it was filed after the patent expired and because invalidity had already been raised in an ongoing infringement suit. The Court dismissed these objections, holding that a revocation petition can be sustained even after the patent term expires.
Novartis Ag v.Natco Pharma Limited
The suit was filed by Novartis seeking permanent injunction against infringement of its patent IN'026. Natco Pharma sought leave to file an additional written statement, arguing that plaintiffs suppressed documents relating to a prior Divisional Application which led to the grant of the patent. The Court allowed the application, holding that Order VIII Rule 9 CPC grants wide discretion to allow such pleadings in the interest of justice.
Novartis Ag v.Natco Pharma Limited
The case was filed for a permanent injunction against NATCO PHARMA for infringing on Novartis's Indian Patent No. 233161. The parties reached an amicable settlement during the proceedings.
Italfarmaco Spa v.Deputy Controller Of Patents & Designs
Italfarmaco Spa appealed the rejection of its patent application for a method involving iron (III) caseinsuccinylate. The Deputy Controller rejected the grant on the grounds that the claimed invention lacked inventive step and fell under Section 3(d) of the Patents Act, 1970. The High Court upheld the respondent's decision.
Gilead Sciences Inc. v.Union of India
Gilead Sciences Inc. challenged a hearing notice and subsequent opposition board recommendation related to Indian Patent No.319927, arguing that the process violated The Patents Act, 1970 by not allowing them to present evidence. The Court quashed the impugned notices and recommendations.
Gilead Sciences Inc. v.Union of India
Gilead Sciences Inc. challenged a hearing notice and subsequent recommendation made by the Patent Office in a post-grant opposition application filed by Low Cost Standard Therapeutics. The petitioner argued that the process violated the Patents Act, 1970, specifically by denying them an opportunity to present evidence. The High Court quashed the impugned notice and the Board's earlier recommendations.
Pfizer Inc. v.Everest Pharmaceuticals Limited
The plaintiffs, Pfizer Inc. and its subsidiaries, filed a suit alleging that the defendants unlawfully manufactured, sold, and exported the infringing product 'Tofaxen', which is a generic version of their patented drug Tofacitinib (Xeljanz®). The court found that the defendants collectively infringed the suit patents while they were valid and subsisting. However, since the patents had expired during the pendency of the suit, the plaintiffs did not press for permanent injunction but secured a decree in terms of prayer clause 57(e).
Spv Laboratories Private Limited v.The Controller General Of Patents And Designs
The appeal was filed challenging the refusal by the Assistant Controller to restore Patent No. 404239, which had lapsed due to non-payment of the renewal fee. The appellant argued that the delay was caused by an exigency in the attorney's family and that the restoration application was filed within the permissible period. The High Court allowed the appeal, holding that a granted patent should not be refused solely on procedural lapse if the restoration application is timely.
Boehringer Ingelheim Vetmedica Gmbh v.The Controller Of Patents
Boehringer Ingelheim Vetmedica Gmbh appealed a rejection order passed by The Controller of Patents, which refused their application for "Containers for Compositions Comprising Meloxicam." The initial refusal was based on lack of novelty and inventive step in light of cited prior art. The appellant argued that the Controller failed to address their detailed written submissions distinguishing the invention from the prior arts. The Delhi High Court agreed, noting the Controller's order merely reproduced objections without proper consideration of the arguments, and consequently set aside the rejection, remanding the matter for fresh, reasoned consideration.
M/S Shilpa Medicare Limited v.M/S. Salus Pharmaceuticals And Another
The defendants filed an application seeking rejection of the plaint on the grounds that the plaintiff had not demonstrated urgency and failed to comply with the mandatory requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The court found contradictions in the plaintiff's statements regarding when they became aware of the infringement and noted a significant delay between knowledge/patent grant and filing the suit.
Intervet International B.V. v.Deputy Controller Of Patents & Design
Intervet International B.V. challenged the Deputy Controller's refusal to grant a patent for its novel crystalline forms of the drug 20, 23 dipiperidinyl-5-O-mycaminosyl-tylonolide. The appeal argued that the rejection was arbitrary and non-speaking, failing to adequately consider expert evidence regarding superior stability. The Madras High Court agreed, finding a violation of natural justice in the original order.
Signal Pharmaceuticals v.Deputy Controller of Patents and Designs, Patent Office
Signal Pharmaceuticals appealed an order from the Deputy Controller of Patents refusing to grant a patent for its mTOR kinase inhibitors. The appellant argued that the refusal was based on a non-speaking order, failing to properly appreciate evidence and ignore the inventive step and therapeutic efficacy of the compound. The High Court quashed the impugned order and remanded the matter back for fresh consideration.
Astrazeneca Ab & Anr. v.Westcoast Pharmaceutical Works Limited
Astrazeneca filed suit against Westcoast Pharmaceutical Works Limited alleging infringement of its patent (IN 297581) covering the cancer drug Osimertinib. The plaintiffs sought permanent injunctions and damages, asserting that the defendant's offer to contractually manufacture and sell the patented compound constituted infringement. Despite initial defenses by the defendant regarding regulatory approval issues, the court found that due to the defendant's failure to file a written statement within the statutory period, the suit was decreed in favor of AstraZeneca, granting them relief and substantial costs.
Opella Healthcare Group v.Vaibhav Vohra & Anr.
The Delhi High Court ruled in favor of Opella Healthcare Group, ordering the cancellation of a competing trademark and copyright held by Vaibhav Vohra & Anr. The court found that the respondent's mark 'PHENSERYL' was phonetically and visually deceptively similar to the petitioner’s long-established mark 'PHENSEDYL,' leading to potential consumer confusion in the pharmaceutical sector. Furthermore, the court cancelled the associated copyright registration due to substantial imitation of the petitioner's original artistic packaging.
F- Hoffmann -La Roche Ag & Anr. v.Zydus Lifesciences Limited
The plaintiffs filed an application seeking permanent injunctions and recall orders against the defendant regarding the sale of 'Sigrima', a biosimilar of Pertuzumab, infringing patents IN 268632 and IN 464646. The court dismissed the application, finding that the plaintiffs failed to establish a prima facie case or demonstrate irreparable loss.
Embio Limited v.Malladi Drugs & Pharmaceuticals Ltd.
Embio Limited filed a petition seeking revocation of Patent No. 249376 granted to Malladi Drugs & Pharmaceuticals Ltd., alleging that the patent lacked novelty and inventive step. The court examined the arguments regarding prior art and technical advancement but found no illegality or perversity in the grant.
Master Arnesh Shaw Through His Next Friend And ... v.Union Of India & Anr.
The petition addressed the cumbersome and long-drawn process for procuring specialized medicines for DMD patients on a patient-by-patient basis. The court directed M/s. Sarepta to document a bulk procurement process and provide details of all its relevant Indian patents and patent applications.
Master Arnesh Shaw v.Union Of India & Anr.
The court heard matters concerning the procurement process for medicines used for DMD patients, noting that the current patient-by-patient system is cumbersome and unrealistic. The court directed M/s. Sarepta Therapeutics to present a general bulk procurement process and disclose its relevant patent portfolio in India.
Lakshay Agarwal v.Union Of India & Anr.
The petitioner raised concerns regarding the extremely cumbersome and long-drawn process for procuring specialized medicines on a patient-to-patient basis. The court directed M/s. Sarepta Therapeutics to place on record the general bulk procurement process and provide details of all its granted patents and patent applications filed in India concerning DMD medicines.
Dealing with a patent challenge?
Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.