Pharma — India Patent Cases
1,090 decisions indexed
Page 8 of 37 · 1,090 total
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.
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.
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.
Merck Kgaa v.Bharat Patel
Merck Kgaa successfully secured an ex parte ad interim injunction against Bharat Patel in the Delhi High Court. The court found that Merck's trademark 'MERCK' is well-known and granted immediate relief, preventing the defendant from using any confusingly similar marks or names. This ruling underscores the strong protection afforded to established, globally recognized trademarks under Indian law.
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.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.
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.
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.
Sun Pharma Laboratories Ltd v.Resolute Healthcare & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Sun Pharma Laboratories Ltd against Resolute Healthcare & Ors. The court found that the defendant's mark, 'TRYGABA', is deceptively similar to the plaintiff's registered trademark, 'TRIGABANTIN'. Given that both products treat neuropathic pain and the similarity was intentional (truncation), the court restrained the defendants from manufacturing or selling the infringing product until further notice. The injunction allows the defendants a grace period of three months to exhaust their current stock.
Himalaya Global Holdings Ltd & Anr. v.Ms Ab Allcare Herbal & Ors.
The Delhi High Court granted crucial interim relief in the trademark infringement suit filed by Himalaya Global Holdings Ltd against Ms Ab Allcare Herbal & Ors. The court allowed the plaintiffs to proceed with seizing alleged infringing products using Local Commissioners. Furthermore, it permitted the commissioners to inspect defendants' books of accounts and stock registers related to the disputed goods. This order significantly advances the plaintiff's case for permanent injunction regarding the 'Liv.52' trademark and Himalaya's distinctive trade dress.
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.
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.
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.
Sun Pharmaceutical Industries Ltd. v.M/S. Orison Pharmaceuticals
The Delhi High Court addressed a suit filed by Sun Pharmaceutical Industries Ltd. against M/S. Orison Pharmaceuticals concerning alleged trademark infringement and passing off of marks like 'REVITAL' and 'CEROXIM'. Despite the plaintiff alleging deceptive similarity in the defendant's marks ('ORIVITAL' and 'OXIM'), both parties expressed interest in exploring a settlement. Consequently, the Court referred the matter to the Delhi High Court Mediation and Conciliation Centre for resolution.
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.
INCYTE HOLDINGS CORPORATION v.DR REDDYS LABORATORIES LIMITED
The plaintiffs filed a suit seeking permanent injunction against the defendant for infringing copyright. The defendant raised defenses regarding service of documents and asserted that its activities are limited to permissible uses under Section 107A of the Patents Act, 1970.
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.
Shri Kirit Bhadiadra v.Wings Pharmaceuticals Pvt. Ltd.
The Delhi High Court allowed Wings Pharmaceuticals Pvt. Ltd. (the respondent) to introduce a recent trademark registration certificate for 'MEDILICE' into the ongoing litigation. Although the original suit concerned infringement and passing off, the court recognized that the new Class 5 registration could bear on the disputes between the parties. This order allows the introduction of evidence relating to the mark's expanded scope, while preserving the rights of the appellant.
Fdc Limited v.Zaventis Healthcare Private Limited
The Delhi High Court granted an interim injunction in favor of Fdc Limited against Zaventis Healthcare Private Limited. The plaintiff successfully argued that the defendant's adoption of the mark 'ZIFISAFE' for identical pharmaceutical products constitutes a blatant attempt to capitalize on the established reputation and goodwill of the plaintiff's registered trademark, 'ZIFI'. Citing prima facie evidence and irreparable harm, the court restrained the defendant from using the infringing mark until the final hearing.
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.
Dr. Reddys Laboratories Limited v.Zentech Pharmaceuticals And Anr.
The Delhi High Court granted an interim injunction in favor of Dr. Reddys Laboratories Limited against Zentech Pharmaceuticals And Anr. The court found a prima facie case for infringement and passing off, noting that the defendant adopted a phonetically similar trademark (ZEEDUX) and copied the entire trade dress and color scheme of the plaintiff's well-known brand (ZEDEX). This order temporarily restrains the defendants from manufacturing or using the infringing product while the main suit proceeds.
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.
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. 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.
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.
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.
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.