Pharma — India Patent Cases
967 decisions indexed
Page 5 of 33 · 967 total
Glaxosmithkline Pharmaceuticals Limited v.Chembott Chemicals And Pharmaceutical Private Limited and Anr
The Delhi High Court granted an ad-interim injunction in favor of Glaxosmithkline Pharmaceuticals against Chembott Chemicals. The court found that the plaintiff had made out a strong prima facie case regarding the infringement of its registered trademark, 'COBADEX', by the defendants' mark, 'COZIDEX'. Given the nature of pharmaceutical products and the potential for irreparable harm to both parties and the public, the injunction was granted immediately until the next hearing date.
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.
Mankind Pharma Limited v.The Registrar Of Trade Marks
Mankind Pharma Limited appealed the Registrar of Trade Marks' refusal to register its mark PETKIND in Class 5, citing similarity to a prior application 'PETKIND PHARMA'. The Appellant argued that its extensive goodwill and established 'KIND Family of Marks' should prevail. The Court allowed the appeal, setting aside the rejection order.
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.
Cipla Limited v.Union Of India Through Department Of Promotion Of Industry And Internal Trade & Anr
The Delhi High Court ruled in favor of Cipla Limited, directing the Trademark Registry to allow the renewal of its 'TRIEXER' trademark. The core finding was that the Registry failed to serve the mandatory statutory 'O3 notice' required under the Trade Marks Act, 1999. Despite the trademark having lapsed and the petitioner failing to file timely renewals, the court emphasized this procedural lapse by the Respondent, granting Cipla a chance to regularize its mark.
Glaxo Group Limited v.Aubade Healthcare Private Limited
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Glaxo Group Limited against Aubade Healthcare Private Limited regarding trademark infringement and passing off. The court found that the Plaintiff had made out a prima facie case, demonstrating a balance of convenience, and noting the likelihood of irreparable harm if the Defendants were not restrained from using similar marks to 'ZENTEL.' This interim order is crucial for protecting the Plaintiff's brand integrity while the main suit proceeds.
Novartis Ag & Anr. v.M/S Steris Healthcare Pvt Ltd & Anr.
The Delhi High Court initiated proceedings under the Trade Marks Act, 1999, concerning the removal and rectification of the trademark 'INCLISIRAN' (Registration No. 5547194) in Class 05. The court issued notice to all parties involved, setting a timeline for filing replies and rejoinders. This marks the formal commencement of the legal challenge against the registered mark.
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.
Chemo Healthcare Private Limited v.Examiner Of Trademarks & Anr.
The Gujarat High Court allowed Chemo Healthcare Private Limited's appeal against the rejection of its trademark registration for 'VILDAZE'. The court held that despite objections raised under Section 11(1) of the Trade Mark Act, 1999, the appellant was entitled to have the mark advertised. This decision allows the applicant to establish prior use and address any third-party opposition on its merits.
Abbott Products Operations Ag v.Ms. Aprajita Sushma Proprietor Of Alrom Pharmaceuticals Pvt. Ltd.
The Delhi High Court addressed multiple applications in the trademark dispute involving Abbott Products Operations Ag and Alrom Pharmaceuticals. The court allowed the petitioner's application seeking leave to file additional documents, while simultaneously initiating proceedings for a rectification petition concerning the 'KREOFLAT' trademark. This order sets out timelines for both parties to file replies and written synopses, moving the core dispute forward.
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.
Dabur India Limited v.Patanjali Ayurved Limited And Anr.
Dabur India Limited filed a suit seeking permanent and mandatory injunction, alleging that Patanjali Ayurved Limited disparaged Dabur Chyawanprash and the entire market class through its advertisements (TVC and Print Advertisements) for 'Patanjali Special Chyawanprash'. The court heard interim applications regarding these ads.
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.
Sun Pharmaceutical Industries Limited v.K.Venkateshwara Rao
Sun Pharmaceutical Industries Limited sought the rectification and removal of a trademark registration ('NICSON PHARMA') held by K.Venkateshwara Rao, arguing that it was deceptively similar to its own established mark 'SUN PHARMA'. The Madras High Court ultimately dismissed the petition. The court found that when comparing the two marks as a whole, there was no likelihood of confusion or deception among the average consumer, thereby upholding the validity of the rival registration.
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.
M/s. Dr.J.R.K's Research and Pharmaceuticals Private Limited v.The Registrar of Trademarks
The Madras High Court ruled in favor of M/s. Dr.J.R.K's Research and Pharmaceuticals Private Limited, directing the Registrar of Trademarks to accept and process a renewal application for the mark 'NATURE'S WEALTH RESTORES HEALTH.' The court held that as long as the trade mark has not been formally removed from the register, the proprietor is entitled to seek renewal, setting aside the rejection order issued by the Registry. This decision provides crucial protection against administrative hurdles preventing legitimate trademark renewals.
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