Pharma — India Patent Cases
742 decisions indexed
Page 9 of 25 · 742 total
Paratek Pharmaceuticals, Inc. v.Assistant Controller of Patents and Designs, Government of India
Paratek Pharmaceuticals challenged an order rejecting its patent application for a tetracycline compound. The High Court found the rejection order bad in law because it failed to consider the appellant's responses and submissions, and because it introduced new objections (claims 9-24) not raised during the hearing notice. Consequently, the court set aside the impugned order and remanded the matter.
Novartis Ag v.MSN Laboratories Pvt Ltd
The parties presented joint issues to the Delhi High Court. The court framed multiple issues concerning the validity of Indian Patent IN 233161 based on various grounds (prior art, inventive step, etc.) and whether the defendant's manufacture/sale of Eltrombopag Olamine infringes this patent.
3M Innovative Properties Company v.Joint Controller of Patents and Designs
The petitioner appealed against the Joint Controller's order rejecting its patent application for a compound used in treating viral diseases and tumors. The rejection was based on lack of inventive step and falling under Section 3(d).
Incyte Holdings Corporation v.Tiba Pharmaceutical Pvt Ltd
Plaintiffs filed suit alleging infringement of their Indian Patent (IN269841) covering the compound 'Ruxolitinib'. The court granted exemption from advance service, noting that the Defendant had not yet launched infringing products. Furthermore, the court passed detailed orders allowing for an ex-parte ad interim injunction and appointed a Local Commissioner to search premises and seize any infringing stock.
Novartis Ag v.Natco Pharma Limited
The court passed an order addressing two interlocutory applications filed by the defendant. The first application led to the addition of a specific issue concerning the validity of Patent IN 233161 under Section 3(d) of the Patents Act, 1970. The second application modified the schedule for leading evidence.
E R Squibb And Sons Llc v.Beacon Pharmaceuticals Limited
The Plaintiffs filed a suit alleging that the Defendants were infringing their Indian Patent No. 340060, which covers the drug Nivolumab. The court examined the patent's validity and prima facie case before issuing interim directions.
F.Hoffmann-La Roche Ag v.Assistant Controller of Patents and Designs, Government of India
F.Hoffmann-La Roche Ag appealed an order rejecting its patent application for a subcutaneous anti-HER2 antibody formulation. The rejection was based on the product lacking inventive step and being known in the market. The court allowed the appeal, noting that the original decision failed to address 11 out of 12 claims independently.
Fibrocell Technologies Inc. v.Controller Of Patents
Fibrocell Technologies Inc. appealed an impugned order dated February 19, 2019, passed by the Controller of Patents which denied its application (No. 10246/DELNP/2012). The appellant argued that the denial was based on new grounds (lack of enablement) and non-speaking reasons, violating natural justice.
Mimozax Co., Ltd. v.Assistant Controller of Patents and Design, Patent Office Chennai
Mimozax Co. appealed the rejection of its patent application for an anti-obesity composition derived from Acacia, which was refused based on several grounds including reliance on undisclosed prior art. The High Court found that the Controller failed to provide all relevant materials to the appellant and emphasized the doctrine of fairness in patent proceedings.
H. Lundbeck A/S Through its Authorized Representative v.The Deputy Controller of Patents and Designs, The Patent Office
The appellant challenged the Deputy Controller's order holding that their invention lacked inventive step. The core contention was that the Controller improperly relied on certain prior art documents that had been given up or never properly contested during the examination process. The High Court found merit in the appellant's submissions.
Novartis Ag v.Natco Pharma Limited & Anr.
Novartis appealed an order that allowed certain amendments in its Indian Patent Application (IN'518) based on a finding that pre-grant opponents should be afforded an opportunity of hearing. The core dispute centered on whether the examination process and opposition proceedings are independent or merged under the Patents Act, 1970.
Kudos Pharmaceuticals Limited & Ors. v.Dr Reddys Laboratories Limited
The suit alleged infringement of several patents held by Kudos Pharmaceuticals Limited concerning Olaparib (LYNPARZA). The Plaintiffs contended that Dr. Reddy's Laboratories was manufacturing and exporting Olaparib API, violating their patent rights. The court decreed the suit, permanently restraining the Defendant from commercially launching the product before the patent expiry date, subject to Section 107A provisions.
Syngenta Participations Ag v.Controller Of Patents Designs
Syngenta Participations Ag filed an appeal challenging the Controller's decision to reject its Indian patent application. The rejection was based on the grounds of lacking inventive step and falling under Section 3(d) of the Patents Act, 1970. The appellant argued that sufficient data existed to prove significant enhanced efficacy under Section 3(d). The court allowed applications for condonation of delay and exemption from filing documents before directing notice and setting the matter for further hearing.
Natco Pharma Ltd v.Fmc Agro Singapore Pte Ltd. & Ors.
Natco Pharma Ltd filed a revocation petition challenging the validity of Indian Patent No. 314523, granted to FMC Agro Singapore Pte Ltd. & FMC Corporation. Natco argues that since the main related patent (IN 204978) expired in March 2021 and has identical claims, IN523 is invalid and liable for revocation.
Laurus Labs Limited v.Union Of India
This judgment addresses a batch of suits alleging infringement of Indian Patent 262968, which covers the drug Ibrutinib (IMBRUVICA). The writ petition filed by Laurus Labs challenged the earlier decision of the IPAB. The Delhi High Court decided applications for interim relief in these cases. While dismissing the writ petition, the court granted an interim restraint order preventing defendants from manufacturing and marketing Ibrutinib pending final disposal of the suits, allowing them only to exhaust existing stock under strict conditions.
Pharmacyclics, Llc & Anr. v.Natco Pharma Limited
This Delhi High Court judgment addresses a batch of patent infringement suits filed by Pharmacyclics LLC and its affiliates against various pharmaceutical companies, including Natco Pharma Limited. The core dispute revolves around the unauthorized manufacturing and marketing of Ibrutinib, a drug covered by Indian Patent 262968. The court granted interim restraint orders preventing the defendants from further manufacturing or marketing the drug while the suits are pending. However, it allowed them to exhaust existing stock under specific conditions.
Incyte Holdings Corporation v.Bdr Pharmaceuticals Internationals Private Limited
The suit was filed by Incyte Holdings Corporation and Novartis AG seeking protection of their patent (IN 269841) covering the anti-cancer drug RUXOLITINIB. The Plaintiffs alleged that the Defendant had obtained manufacturing approval for this compound, leading to a quia timet action. The Court granted an interim injunction restraining the Defendant from commercially manufacturing or launching RUXOLITINIB without court permission.
Pharmacyclics Llc & Anr. v.Hetero Labs Limited
This judgment addresses a batch of suits filed by Pharmacyclics LLC concerning the alleged infringement of Indian Patent 262968, which covers the drug Ibrutinib (marketed as IMBRUVICA). The court heard applications for interim relief in these patent infringement cases. While dismissing one writ petition, the Delhi High Court granted an interim restraint order preventing defendants from manufacturing and marketing Ibrutinib pending final disposal of the suits. However, it allowed defendants to exhaust existing stock under specific conditions.
Pharmacyclics Llc & Anr. v.Shilpa Medicare Limited & Anr.
This judgment addresses a batch of six infringement suits filed by Pharmacyclics LLC and its affiliates against various pharmaceutical companies, including Shilpa Medicare Limited. The core dispute revolves around the alleged unauthorized manufacturing and marketing of Ibrutinib, a drug protected by Indian Patent 262968 (IN'968). The court granted interim restraint orders preventing the defendants from further manufacturing or marketing the drug pending the final disposal of the suits.
Pharmacyclics Llc & Anr. v.Hetero Labs Limited & Ors. / Natco Pharma Limited / Bdr Pharmaceuticals International Pvt Ltd / Shilpa Medicare Limited & Anr. / Alkem Laboratories Ltd
This Delhi High Court judgment addresses a batch of six suits alleging infringement of Indian Patent 262968, which covers the drug Ibrutinib. The plaintiffs sought an injunction against defendants who were launching or had launched the generic version of the patented drug. While the court dismissed one related writ petition, it granted interim relief restraining all defendants from manufacturing and marketing Ibrutinib pending the final disposal of the suits. Furthermore, the court allowed defendants to exhaust their existing stock, provided they file an affidavit detailing the batch numbers and expiry dates.
Inventprise, Inc. v.The Controller Of Patents & Anr.
Inventprise, Inc. challenged the requirement of prior approval from the National Biodiversity Authority (NBA) concerning its patent application for a 'Heat Stable Liquid Rotavirus Vaccine.' The NBA had previously insisted on compliance with Section 6 of the Biological Diversity Act, 2002, citing the use of human rotavirus strain isolated in India. However, Inventprise argued that the subject matter did not constitute a 'biological resource' under the Act. Recognizing this core dispute, the Delhi High Court directed the NBA Expert Committee to conduct a personal hearing and issue a reasoned order on whether the invention falls within the scope of the Biological Diversity Act.
ABBVIE Inc. v.Deputy Controller of Patents & Designs
ABBVIE Inc. appealed the refusal by the Deputy Controller of Patents to grant a patent for two polymorphic forms (Forms A and B) of the compound RTA-408. The appellant argued that these forms exhibited superior stability and properties, and that Section 3(d) did not apply because RTA-408 was not considered a known substance in this context. The High Court partially allowed the appeal, directing the patent to proceed for grant on claims 1-6.
Arena Pharmaceuticals, Inc. v.The Assistant Controller Of Patents And Designs
Arena Pharmaceuticals appealed against an order from the Assistant Controller of Patents and Designs which refused their patent application (201717017554) due to a lack of novelty. The court directed the respondent to file a reply, specifically addressing the inconsistency of the claims cited by the Controller.
Sunovion Pharmaceuticals Inc. v.The Assistant Controller of Patents and Designs, Patent Office, IPR Building, SIDCO Plot, GST Road, Guindy, Chennai 600 032
Sunovion Pharmaceuticals Inc. filed a Transfer Civil Miscellaneous Appeal (Patents) seeking to quash an earlier order and direct the grant of patent for Indian Patent Application No.395/CHENP/2012. However, the appellant subsequently instructed their counsel to withdraw the appeal.
Optimus Drugs Private Limited v.Union of India
Optimus Drugs Private Limited challenged the hearing notice issued during the post-grant opposition proceedings against Patent No. 281489 for 'An improved process for the preparation of Linezolid'. The petitioner argued that since both parties filed additional evidence after the initial Opposition Board recommendations, a fresh board should be constituted to consider all facts and amended claims. The Madras High Court agreed with this contention, directing the Controller of Patents to reconstitute the Opposition Board and examine the entire record expeditiously.
Bristol-Myers Squibb Holdings Ireland v.Km Swarnalatha & Ors
The plaintiffs, Bristol-Myers Squibb Holdings Ireland, sought an interim injunction regarding their patented anti-cancer molecule 'dasatinib' (SPRYCEL). The court disposed of the application for interim injunction as the patent term had expired. However, the court allowed amendments to the plaint to include new manufacturers and directed further proceedings.
Vakzine Projekt Management Gmbh v.Assistant Controller Of Patents And Designs
Vakzine Projekt Management Gmbh appealed against an order passed by the Assistant Controller of Patents rejecting its patent application. The rejection was based on the grounds that the composition fell within the scope of Section 3(d) and Section 3(i) of the Patents Act, 1970.
Lipotec, S.A. v.Deputy Controller of Patents and Designs, Government of India
Lipotec appealed the rejection of its patent application (No. 7314/CHENP/2009) for 'Regulatory Compounds For Pigmentation'. The rejection was based on Section 3(d) and lack of inventive step, citing prior art. The High Court set aside the impugned order, finding that the Controller disregarded experimental data and detailed submissions.
Natco Pharma Limited v.Bristol Myers Squibb Company And Anr
The matter involved Natco Pharma Limited and Bristol Myers Squibb Company regarding Indian Patent No. IN 247381, which covers Factor Xa Inhibitors used in the pharmaceutical preparation APIXABAN. The parties amicably settled their disputes via an agreement dated August 8, 2023.
Janssen Schiences Ireland Uc v.Controller Of Patents
Janssen Schiences Ireland Uc appealed the refusal of a patent application for 'Prevention of HIV- Infection with TMC278' by the Deputy Controller of Patents. The appeal challenged the grounds of lack of inventive step and non-patentability due to mere admixture. However, the appellant subsequently decided to withdraw the present appeal.
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