Pharma — India Patent Cases
742 decisions indexed
Page 6 of 25 · 742 total
Pfizer Inc v.Teena Biolabs Private Limited
Pfizer Inc filed an Original Petition seeking the appointment of a Local Commissioner and the establishment of a Confidentiality Club. The petition aimed to facilitate the collection of confidential documents and testimony from Teena Biolabs Private Limited in India, which are relevant to ongoing patent infringement litigation (US Patent No. 9,770,441) before the US District Court for the District of Delaware.
Bry-Air (Asia) Pvt. Ltd. v.Union Of India, Through Its Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry & Anr.
Bry-Air (Asia) Pvt. Ltd. challenged the status update issued by the Union of India, which deemed its patent application withdrawn under Section 11B(4) due to non-filing of a request for examination. The petitioner argued that this failure was solely attributable to the negligence of their erstwhile Patent Agent and not due to any fault or lack of intent on their part. Citing previous judgments where courts extended time in such circumstances, the Delhi High Court allowed the petition. Consequently, the court quashed the deemed withdrawal status and directed the Indian Patent Office to restore the application and allow the petitioner a chance to proceed with examination.
Bdr Pharmaceuticals International Pvt Ltd v.Kudos Pharmaceuticals Limited & Anr.
The suit concerned infringement of Patent IN 2287201 for Olaparib (LYNPARZA). The Plaintiff sought a temporary injunction and deposit of revenues. Given the patent was nearing its expiration, the Court issued directions requiring the Defendant to disclose earnings and earmark 20% of net sales value in a No Lien account.
Mankind Pharma Limited v.Sanshiv Health Tech Private Limited & Anr.
The Delhi High Court issued a significant interim order in the pharmaceutical infringement suit filed by Mankind Pharma Limited. The court exempted the plaintiff from mandatory pre-litigation mediation, recognizing the urgency of the matter. Crucially, the court allowed an application seeking an ex-parte ad-interim injunction and appointed Local Commissioners to conduct search and seizure at the defendants' premises. This order provides a robust mechanism for the plaintiff to secure evidence related to alleged infringement.
Panacea Biotec Limited v.Sanofi Healthcare India Private Limited
Panacea Biotec Limited filed a patent infringement suit against Sanofi Healthcare India Private Limited concerning the product Shan6, which allegedly infringes IN 351. The parties reached an amicable resolution and settled the dispute before the Delhi High Court.
Axcess Limited v.Controller Of Patents And Designs
Axcess Limited appealed the Controller's refusal of its Indian Patent Application (No. 2427/DELNP/2011), which covered bile acids and biguanides as protease inhibitors for gut peptides. The Controller had rejected the application under Section 59(1) of the Patent Act, arguing that the amendments exceeded the original scope. However, the Delhi High Court found that a detailed examination of the complete specification supported the amended claims regarding composition as a product. Consequently, the court set aside the rejection and remanded the matter back to the Controller for fresh consideration.
INCYTE HOLDINGS CORPORATION v.GLENMARK PHARMACEUTICALS LIMITED
The plaintiffs sought a decree of permanent injunction against the defendants concerning Indian Patent No. 269841. The defendants submitted that they had not commercialized any product containing 'Ruxolitinib' and did not intend to do so in the future.
Mankind Pharma Limited v.Morepen Laboratories Limited
The Delhi High Court addressed several procedural applications in the trademark and copyright infringement suit filed by Mankind Pharma against Morepen Laboratories. The court granted exemptions regarding document filing and pre-institution mediation, while proceeding with the main injunction application (I.A. 38001/2024). The plaintiff alleged dishonest adoption of their registered trade dress and copyright for a pregnancy detection strip, leading to claims of infringement and passing off. The defendant countered by arguing that the plaintiff approached the court belatedly.
Enterabio Ltd. v.The Controller General of Patents & Designs, Mumbai & Anr.
Enterabio Ltd. appealed against the rejection of its patent application for an oral pharmaceutical composition containing insulin and a protease inhibitor. The High Court found that the Assistant Controller failed to provide adequate reasons for rejecting the claim and did not comply with procedural rules regarding amendments. Consequently, the court set aside the impugned order and remanded the matter back to the Controller.
Bristol-Myers Squibb Holdings Ireland v.Km Swarnalatha & Ors.
Bristol-Myers Squibb Holdings Ireland filed a suit seeking permanent injunction against infringement of Indian Patent No. IN 203937, which covers dasatinib. The court examined the connection between various defendants involved in manufacturing and marketing the drug. Ultimately, the court found that Defendant No. 7 had launched the impugned product under the brand name DASA SPL without appearing before the court. Consequently, the suit was decreed against the parties based on these findings.
Astrazeneca Ab v.Everest Pharmaceuticals Limited
Astrazeneca filed a suit seeking permanent injunction against Everest Pharmaceuticals for infringing its patent IN 297581, which covers the compound Osimertinib. The court found that the plaintiffs made out a prima facie case and granted an ad interim ex-parte injunction restraining the defendants from manufacturing or selling the infringing product until further hearing.
Astrazeneca Ab v.Beacon Pharmaceuticals Plc
Astrazeneca filed a suit seeking permanent injunction against Beacon Pharmaceuticals and others for infringing its patent (IN 297581) covering the compound Osimertinib. The court, after considering the prima facie case, granted an ad interim ex-parte injunction restraining the defendants from selling or offering the patented compound in any form.
Natco Pharma Ltd. v.M/s. Schering Corporation
Natco Pharma Ltd filed an Original Petition (Patents) seeking the revocation of Indian Patent No.202128 against M/s. Schering Corporation and the Assistant Controller of Patents & Designs. The court observed that the term of the patent had expired on 06.10.2018, rendering the petition infructuous.
M/s.Guangzhou Ocusun Ophthalmic Biotechnology Company Limited v.Joint Controller of Patents & Designs
The appeal challenged the rejection of a patent application concerning a crystal form of lanosterol prodrug compound. The appellant argued that the new form exhibited significant therapeutic efficacy, particularly in treating cataract symptoms, which was not adequately considered by the original examiner. The High Court set aside the rejection order and remanded the matter for reconsideration.
M/s.Guangzhou Ocusun Ophthalmic Biotechnology Company Limited v.Joint Controller of Patents & Designs
The appeal challenged the rejection of Patent Application No. 202147005676 for a crystal form of lanosterol prodrug compound. The appellant argued that the invention exhibited significant therapeutic efficacy, particularly in reducing cataract symptoms in neonatal rabbits. The High Court found that the impugned order failed to properly consider the experimental data demonstrating pharmacodynamic studies and set aside the rejection, remanding the matter for reconsideration.
Astrazeneca Ab v.T Rao
The Delhi High Court framed multiple issues regarding the validity of three Indian Patents (IN 209907, IN 247984, IN 272674) held by Astrazeneca Ab. The court also addressed infringement claims related to the product TICAGRELOR and granted procedural directions for evidence recording.
Micro Labs Limited v.The Controller Of Patents & Anr.
Micro Labs Limited filed a petition seeking revocation of Indian Patent No. 247381, while Bristol-Myers Squibb Ireland Unlimited Company sought permanent injunction against Micro Labs for infringing the patent using 'Apixaban' and 'APIVAS'. The parties successfully negotiated a settlement agreement in mediation.
Micro Labs Limited v.The Controller Of Patents & Anr.
Micro Labs Limited filed a petition seeking revocation of Indian Patent No. 247381, while Bristol-Myers Squibb Ireland Unlimited Company sought permanent injunction against Micro Labs for infringing the patent using 'Apixaban' and 'APIVAS'. The parties successfully negotiated a settlement agreement in mediation.
Chia Tai Tianqing Pharmaceutical Group Co Ltd v.Assistant Controller of Patents and Designs
This appeal was filed by Chia Tai Tianqing Pharmaceutical Group Co Ltd against an order dated March 14, 2024, passed by the Assistant Controller of Patents and Designs. The original application for patent (No. 202117022431) was rejected based on objections under Section 2(1)(ja) and Section 3(d) of the Indian Patents Act, 1970.
Incyte Holdings Corporation v.Lotus Labs Private Limited
The plaintiffs filed a suit regarding infringement of patent IN'841. The court considered the defense that the defendants were only engaged in permitted activities under Section 107(A) and had not yet obtained commercial manufacturing licenses from CDSCO. The court granted an interim order allowing the defendants to proceed with obtaining necessary permissions.
Elanco Tiergesundheit Ag v.The Assistant Controller Of Patents And Designs
The appellant challenged the refusal of their patent application, which claimed a method for generating live vaccines. The Delhi High Court found that the impugned order was merely a reproduction of the hearing notice and lacked independent reasoning or application of mind to the appellant's submissions. Consequently, the court set aside the rejection and remanded the matter for fresh consideration.
Pharmacyclics Llc v.Bdr Pharmaceuticals International Pvt
The plaintiffs are seeking a permanent injunction to restrain the infringement of Patent No. 262968, along with damages and other reliefs. The case involves allegations of contempt against the defendants for violating an interim injunction.
Corcept Therapeutics Incorporated v.The Deputy Controller Of Patents And Designs
Corcept Therapeutics Incorporated filed an appeal against the Assistant Controller's order refusing to grant a patent for Indian Patent Application No. 202117031510. The appellant contends that the refusal was erroneous as the application meets all criteria for patentability, while the respondent argued it failed tests under Sections 2(1)(j), 2(1)(ja), and 3(e)/3(i) of the Patents Act.
Regeneron Pharmaceuticals, Inc. v.The Assistant Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals appealed the rejection of its patent application (No. 592/CHENP/2012) by the Assistant Controller, which cited non-compliance with Section 59(1) of the Patents Act regarding amendments. The High Court found that the impugned order was unreasoned because the Controller failed to discuss the appellant's explanation despite it being provided. Consequently, the appeal was allowed and the matter was remitted for fresh consideration.
Regeneron Pharmaceuticals, Inc. v.The Assistant Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals appealed the rejection of its patent application (No. 592/CHENP/2012) by the Assistant Controller, which cited non-compliance with Section 59(1) of the Patents Act. The High Court found that the respondent's order was unreasoned because it failed to discuss the appellant's explanation regarding the amendments. Consequently, the appeal was allowed and the matter was remitted for fresh consideration.
Novartis Ag v.Msn Laboratories Pvt. Ltd
The suit seeks a permanent injunction against the defendant for infringement of Patent No. 210284, along with damages and other reliefs. The patent has expired, and the remaining issue pertains to the payment of damages.
F. Hoffmann-La Roche Ag & Anr. v.Natco Pharma Limited
F. Hoffmann-La Roche Ag & Anr. filed a suit seeking permanent injunction and damages against Natco Pharma Limited for alleged infringement of their valid patent, IN 334397, related to compounds for treating spinal muscular atrophy. The court registered the plaint as a suit and addressed several interlocutory applications, including granting exemption from pre-institution mediation and setting timelines for written statements.
Bristol Myers Squibb Company v.Deputy Controller of Patents, Patent Office
Bristol Myers Squibb appealed the rejection of its patent application for a new hemisulphate salt of Compound (I), which was based on Section 3(d) of the Patents Act, 1970. The appellant argued that the compound demonstrated enhanced bioavailability and therapeutic efficacy compared to the free base form. The High Court set aside the rejection order and remanded the matter for reconsideration by a different officer.
Pfizer Inc v.The Deputy Controller Of Patents And Designs and Anr
Pfizer Inc has filed an appeal against the Deputy Controller of Patents and Designs' order dated March 27, 2024, which refused to grant a patent. Pfizer contends that the refusal was arbitrary, incorrectly concluding that the subject matter lacked technical advancement or failed Section 3(d) requirements.
Bristol Myers Squibb Company v.Deputy Controller of Patents, Patent Office
Bristol Myers Squibb appealed the rejection of its patent application (No. 5948/CHENP/2014) for a hemisulphate salt of Compound (I), known as Rimegepant, by the Indian Patent Office. The opposition was primarily based on Section 3(d) of the Patents Act, arguing that enhanced bioavailability alone does not guarantee patentability. The High Court set aside the rejection and remanded the matter for reconsideration.
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