Pharma — India Patent Cases
1,090 decisions indexed
Page 6 of 37 · 1,090 total
94 Cedar Properties And Trading Llp & Ors v.Shri Munish Thakur & Anr
The Delhi High Court addressed petitions alleging wilful disobedience of undertakings related to a previous settlement concerning the trademark 'DROTIN' and its variants. The petitioner alleged that the respondent was using the deceptively similar mark 'DROTINXT' in medicinal preparations, constituting contempt of court. Consequently, the Court issued notice to the respondents, setting a date for their returnable appearance.
Abbott Product Operations Ag & Anr. v.Medinox Pharmaceuticals & Ors.
In a significant development concerning trademark infringement, the Delhi High Court issued an order compelling Defendants No. 1 and 2 (pharmaceutical distributors) to immediately cease manufacturing medicines bearing the impugned trademark 'DUPHAMED' or any variation using 'DUPHA'. This interim relief was granted in the context of urgent proceedings, while also allowing time for existing stock disposal. The court further streamlined procedural requirements by granting exemptions related to document filing and pre-institution mediation.
Glaxo Group Limited v.Qpharm Health Care Limited And Anr
The Delhi High Court addressed multiple issues in the ongoing dispute between Glaxo Group Limited and Qpharm Health Care Limited. The court allowed a petition seeking the transfer and consolidation of trademark rectification proceedings against 'BETNOTREAT' into the main infringement suit, recognizing the interconnected nature of the disputes. Furthermore, after hearing arguments regarding trade dress similarity, the parties were referred to mediation, indicating a potential path toward settlement.
Alkem Laboratories Limited v.Dr. Mariya Parvez & Ors.
The Delhi High Court addressed an application by Alkem Laboratories seeking to include a proposed defendant who had posted misleading content targeting its pharmaceutical products, PAN-D and PAN-40. Although the plaintiff initially sought to extend existing injunctions against this individual, the court noted that the impugned video had already been taken down. Consequently, the court dismissed the impleadment request but reaffirmed that the proposed defendant remains prohibited from using Alkem's 'PAN' family of marks in any videos, reserving the right for the plaintiff to seek further action if infringement recurs.
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.
Dr. Reddys Laboratories Limited v.Wockhardt Limited And Anr.
Dr. Reddys Laboratories filed a petition in the Delhi High Court seeking the cancellation of the trademark registration 'PACTYON' held by Wockhardt Limited. The respondents objected to the maintainability of the suit, arguing that the mark was registered in Mumbai. The court accepted notice and set procedural timelines for filing replies and rejoinders, indicating that the matter will proceed through standard litigation steps.
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.
R.Dilip Kumar v.The Registrar of Trademarks, M/s. Sun Pharma Laboratories Limited
The Madras High Court allowed a writ petition filed by R.Dilip Kumar against the Registrar of Trademarks, quashing an order that deemed his trademark application 'PIRALEX' abandoned. The court emphasized that the statutory right of the applicant is at stake and ruled that service of opposition via email alone, without proof of receipt, does not satisfy the legal requirement for initiating the response period. Consequently, both the trademark application and the opposition were restored to the file, allowing the petitioner a fresh opportunity to respond on merits.
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.
Mankind Pharma Limited v.Preet Kamal Grewal And Anr.
Mankind Pharma Limited successfully petitioned the Delhi High Court for the removal of a conflicting trademark, 'KINDPAN,' registered by Respondent No. 1 in Class 5. The court ruled that the registration was unsustainable because Mankind is the prior adopter and well-known proprietor of the 'KIND' family of marks in the pharmaceutical sector. By allowing the petition, the High Court reinforced the principle that established goodwill and extensive use grant heightened protection to a trademark owner against confusingly similar registrations.
Hamdard Laboratories India (Medicine Division) v.Unani Drugs Manufacturers Association (UDMA)
This appeal before the Delhi High Court involved Hamdard Laboratories India (Medicine Division) challenging an order that dismissed its applications for interim injunction. The core dispute centered on the use of the 'HAMDARD' trademark and associated products, particularly in relation to the Unani Drugs Manufacturers Association (UDMA). Hamdard alleged misleading claims by UDMA regarding market share and product categorization. However, the High Court ultimately dismissed the appeal, noting that the matter fundamentally involved a commercial dispute requiring adjudication by a specialized 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.
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.
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).
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.
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.
M/s. Effra Life Science v.The Registrar of Trade Marks
The Madras High Court set aside the Registrar of Trade Marks' rejection of M/s. Effra Life Science's application for a device mark registration. The court found that despite both marks being in Class 35, the appellant's business (marketing pharmaceutical products) was fundamentally different from the cited prior mark's business (repair and installation of machinery). This distinction negated the likelihood of confusion, allowing the application to proceed to advertisement.
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.
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.
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.
Jan Aushadhi Sangh v.M/S. Pharmaceuticals And Medical Devices Bureau of India (PMBI)
The Delhi High Court addressed an appeal filed by Jan Aushadhi Sangh challenging a lower court's judgment that granted injunction and damages to PMBI for trademark infringement. While the core dispute over the injunction was maintained, the High Court provided relief regarding the financial aspect of the ruling. The appellant was permitted to stay the execution of the Rs. 10 lakh damage award upon depositing Rs. 5 lakhs with the court, though the injunction against further alleged infringement remains in force.
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.
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.