Pharma — India Patent Cases
742 decisions indexed
Page 7 of 25 · 742 total
Universitat Ulm v.Assistant Controller of Patents and Designs, Government of India
Universitat Ulm appealed the rejection of its patent application (No. 645/CHENP/2011) concerning Opioids for Resistant Cancer Treatment. The High Court found the original order cryptic, noting that it failed to discuss prior arts or address specific submissions made by the appellant regarding synergistic effects and foreign patents. Consequently, the appeal was allowed, and the matter was remanded for fresh scrutiny.
Universitat Ulm v.Assistant Controller of Patents and Designs, Government of India
Universitat Ulm appealed the rejection of its patent application (No. 645/CHENP/2011) concerning Opioids for Resistant Cancer Treatment. The appellant argued that the respondent's order was cryptic, failing to discuss prior arts or submitted evidence like a US patent grant. The High Court found merit in these arguments and allowed the appeal.
Pharmacyclics Llc v.Deputy Controller Of Patents And Designs
Pharmacyclics Llc appealed the Deputy Controller of Patents and Designs' decision dated March 5, 2024, which refused to grant a Patent under Section 15 of the Act. The appellant also filed an application seeking condonation of eight days delay in filing the appeal.
West Bengal Chemical Industries Limited v.M/s. GTZ (India) Pvt. Ltd.
The petitioner, an API manufacturer, claimed that the respondents were infringing their patents (IN370845 and IN434424) related to Ferric Carboxymaltose. The petitioner sought an interim injunction against the alleged infringement. However, the court dismissed the petition, finding that the petitioner failed to establish a prima facie case for granting the injunction.
Boehringer Ingelheim International GmbH v.Eris Lifesciences Limited
The plaintiffs, Boehringer Ingelheim International GmbH (through its Power of Attorney Holder), filed an application seeking interim relief against Eris Lifesciences Limited for infringing Indian Patent No. 268846. The patent covers pharmaceutical products like Empagliflozin and related formulations. The court found that the plaintiffs had established a prima facie case, leading to the grant of an injunction.
Boehringer Ingelheim International GmbH v.Eris Lifesciences Limited
The plaintiffs, Boehringer Ingelheim (through its Power of Attorney Holder), filed an application seeking interim relief against Eris Lifesciences Limited. The dispute centers on the alleged infringement of Indian Patent No. 268846 by the defendant's manufacturing and sale of generic versions of Empagliflozin and related formulations, including products sold under the trade mark 'Linares-E'.
Incyte Holdings Corporation v.Lotus Labs Private Limited
The plaintiffs filed a commercial suit alleging infringement of their Indian Patent No. 269841, which covers the compound 'Ruxolitinib'. The court granted an exemption from advance service based on the apprehension that Defendants might flood the market with infringing products before formal service could occur.
Boehringer Ingelheim International GmbH v.Eris Lifesciences Limited
The plaintiffs, Boehringer Ingelheim (through its Power of Attorney Holder), filed an application seeking an interim injunction against Eris Lifesciences Limited. The suit concerns alleged infringement of Indian Patent No. 268846 related to the medicinal product Empagliflozin and its formulations. The court found that the plaintiffs had established a prima facie case and granted the requested restraint.
Incyte Holdings Corporation v.Alembic Pharmaceuticals Limited
Incyte Holdings Corporation filed a quia timet action against Alembic Pharmaceuticals Limited alleging impending infringement of its patent (IN2698411) covering the compound 'Ruxolitinib'. The parties reached an agreement where the defendant undertook not to commercially manufacture or deal in products containing Ruxolitinib during the patent's validity, and the suit was disposed of on these consent terms.
Boehringer Ingelheim International GmbH v.Eris Lifesciences Limited
The plaintiffs, represented by Boehringer Ingelheim International GmbH and its Indian subsidiary, sought an interim injunction against Eris Lifesciences Limited for allegedly infringing their Indian Patent No. 268846 related to Empagliflozin. The court found that the plaintiffs had established a prima facie case and balance of convenience, leading to the grant of temporary relief.
Cipla Health Limited v.Aishwarya Healthcare & Ors.
The Delhi High Court granted an interim injunction in favor of Cipla Health Limited against Aishwarya Healthcare & Ors. The court found a prima facie case for trademark infringement and passing off, noting that the Defendants' mark 'OMNICEL' is virtually identical to the Plaintiff's established mark 'OMNIGEL'. Furthermore, the court recognized the Plaintiff's copyright claim over the product packaging, leading to a comprehensive restraint order against the use of deceptively similar marks and trade dress.
Parijat Industries India Private Limited v.Deputy Controller Of Patents And Designs & Anr.
Parijat Industries appealed against an order by the Deputy Controller of Patents and Designs which had revoked its Indian Patent No. 372550 based on grounds under Section 25(2)(b), (e), (f) and (g). The High Court found that the reasoning provided in the Impugned Order was inadequate and did not meet judicial standards.
Taiho Pharmaceutical Co Ltd v.The Controller Of Patents
Taiho Pharmaceutical Co Ltd appealed a patent application rejection order issued by The Controller of Patents. The appellant argued that the rejection, based on Sections 2(1)(ja) and 3(d) of the Patents Act, 1970, failed to consider submitted data and did not provide adequate opportunity to respond to the Section 3(d) objection.
Boehringer Ingelheim Pharma Gmbh v.Natco Pharma Limited
The plaintiffs alleged infringement of their statutory rights over Indian Patent No. 224186. The parties amicably resolved their disputes and executed a Settlement Agreement.
F- Hoffmann -La Roche Ag v.Zydus Lifesciences Limited
The case involves allegations of patent infringement regarding product patent IN 268632 and process patent IN 464646.
Eli Lilly And Company v.Natco Pharma Limited
The suit concerned allegations by Eli Lilly And Company that Natco Pharma Limited was infringing Indian Patent No. IN 297760 related to Abemaciclib. The dispute was resolved amicably, with the Defendants agreeing not to launch any product containing Abemaciclib until the patent expires or is invalidated.
E. R. Squibb And Sons, Llc v.Zydus Lifesciences Limited
The plaintiffs are seeking a permanent injunction against the defendant for infringing their patent related to the pharmaceutical product NIVOLUMAB, marketed as OPDYTA in India. The defendant is attempting to process a biosimilar version of the plaintiff's drug.
Pharma Mar, S.A. v.The Assistant Controller Of Patents And Designs
Pharma Mar, S.A. filed an appeal challenging the rejection of its Patent Application No. 202117032003 for "Anti-Cancer Compounds" by the Assistant Controller of Patents and Designs. The court accepted notice and listed the matter for further hearing.
Pfizer Inc v.Everest Pharmaceuticals Limited
The plaintiffs are seeking a permanent injunction against the defendants for infringing their patent related to the pharmaceutical product 'LORLATINIB'. The defendants are accused of manufacturing and selling an infringing product under the brand name 'LORBREXEN'.
Helsinn Healthcare Sa & Anr. v.Hetero Healthcare Limited
Helsinn Healthcare filed a suit seeking permanent injunction against Hetero Healthcare Limited for infringing their patent (No. 426553) related to a combination treatment for nausea and vomiting induced by chemotherapy. The court, after considering the promotional material of 'NETUPIN', found that the defendant's product was an integrated combination of the patented compounds, thus making a prima facie case for infringement.
Torrent Pharma Limited v.Controller General Of Patents
Torrent Pharma Limited appealed an order by the Assistant Controller of Patents & Design which rejected its Patent Application No. 10885/DELNP/2015 for a product treating IBS. The rejection was based on lack of inventive step and Section 3(d) of the Patents Act, 1970. The court adjourned the matter.
Janssen Sciences Ireland Uc v.Controller Of Patents
Janssen Sciences Ireland appealed the Deputy Controller's refusal of its Indian Patent Application for 'LONG TERM TREATMENT OF HIV-INFECTION WITH TMC278'. The refusal was based on lack of inventive step. The Court noted an inconsistency between the formulation claim and method claims in the application, allowing the Appellant to file a fresh, amended application.
Novartis Ag v.Torrent Pharmaceuticals Limited
The Plaintiffs filed a suit for infringement of Indian Patent No. 229051, while the Defendant challenged the validity of the patent. The parties amicably resolved their disputes and sought a consent decree.
Natco Pharma Limited v.Novartis Ag And Anr.
Novartis filed a suit alleging infringement of its patent (IN 233161) concerning Eltrombopag bis (monoethanolamine) (ELT-O), leading to an interim injunction against Natco. Natco appealed this order, challenging the validity of IN 233161 on grounds including prior claiming and lack of inventive step under Section 3(d).
Novartis Ag v.Natco Pharma Limited
Novartis AG filed a suit against Natco Pharma Limited seeking permanent injunction against the exploitation of its patent (IN 276026) covering Ceritinib. The dispute centered on whether the patent was invalid due to prior art and obviousness, which Natco argued. The court dismissed Natco's application to vacate the existing interim injunction.
Astra Zeneca Ab v.Natco Pharma Limited
The case involves a dispute regarding the validity of Indian Patent No. 235625, which was held to be prima facie invalid by co-ordinate benches of the court.
Helsinn Healthcare Sa v.Zydus Healthcare Limited
The court addressed arguments concerning the maintainability of a writ petition related to the deletion of an amendment in five patent claims. The court noted similar pending decisions on this issue and allowed the interlocutory application (I.A.) to proceed, considering the counter claim filed by the defendant.
Eris Lifesciences Limited v.Controller Of Patents & Anr.
This order addresses two concurrent proceedings concerning Patent IN 243301, which had expired on August 18, 2023. The erstwhile patentee argued the petitions were infructuous due to expiry. Petitioners contended that validity must still be decided as they faced ongoing infringement actions where invalidity was raised as a defense.
Akums Drugs Pharmaceuticals Limited v.Ferring B.V.
The defendant filed an application seeking discovery of facts and particulars of the plaintiff's product to obtain a declaration of non-infringement under Section 105 of the Patents Act, 1970. The court addressed the dispute regarding whether merely furnishing 'full particulars in writing' is sufficient or if the actual product must be shared.
Boehringer Ingelheim International GmbH v.Nexkem Biotech Pvt. Ltd.
Boehringer Ingelheim filed a suit seeking permanent injunction against Nexkem Biotech for infringing its patent related to Empagliflozin. The defendants challenged the maintainability of the suit by arguing that pre-institution mediation under Section 12-A of the Commercial Courts Act was not exhausted, as there was no urgency. The court dismissed this objection, finding that the suit did contemplate urgent interim relief and noting the defendants' admission of infringement.
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