Novartis Ag & Anr. vs Natco Pharma Limited & Anr.
This case relates to a patent covering Eltrombopag Olamine (Eltrombopag
bis(monoethanolamine)) held by Novartis. The drug is used for treatment of thrombocytopenia sold under the brand name “REVOLADE.” Novartis filed a patent infringement suit against the Defendant, NATCO, which was planning to launch the same product. In response NATCO claimed patent invalidity based on prior claiming, obviousness, Section 3d, industrial applicability and Section 8 non-compliance.
After hearing the parties, the Court held that the claims of invalidity of NATCO do not hold water, and restrained NATCO from launching the product during the pendency of the suit. This case outlines some important patent principles, and is a highly recommended read for a crisp understanding of prior claiming, non-obviousness, Section 3d, and genus/species patent interplay from the context of coverage and disclosure.
Case Citation: Novartis Ag & Anr. vs Natco Pharma Limited & Anr., Decided by Delhi High Court on 13 December, 2021, available at:
https://indiankanoon.org/doc/104159826/, visited on 19th December, 2021.
Sulphur Mills Limited vs Dharmaj Crop Guard Limited & Anr.
In this case involving a patent with respect to an agricultural fertilizer composition, the Delhi High Court granted an interim injunction in favour of the patent holder. In a comprehensive and well written judgment, Justice Pratibha Singh rejected the defendant’s plea of prima facie patent invalidity based on a preexisting patent of the patent holder. Justice Singh came to the prima facie conclusion that the patented invention was novel and inventive because it used higher percentage of sulphur and smaller particulate size compared to the prior patent of the patent holder. She pointed out that there is no teaching, suggestion or motivation in the prior patent to arrive at the patented invention. She referred to the standard of the person in the know put forth by the Delhi High Court in a recent case, and stated that the invention would be non-obvious despite the said standard. As the defendant failed to make out a prima facie case of invalidity, the Court granted an interim injunction in favour of the plaintiff.
Citation: Sulphur Mills Limited vs Dharmaj Crop Guard Limited & Anr., Decided by the Delhi High Court on 2nd August, 2021, available at: Sulphur Mills Limited vs Dharmaj Crop Guard Limited & Anr. , visited on 4th August, 2021.
Novartis Ag & Ors. vs Natco Pharma Limited
This case relates to a patent pertaining to a pharmaceutical composition comprising combination of Valsartan and Sacubitril or pharmaceutically acceptable salts held by Novartis. Novartis filed an infringement suit against NATCO and others and sought an interim injunction during the pendency of the suit. NATCO argued in the case that its supramolecular complex, which includes Valsartan, Sacubitril, solution ion and water molecules is not covered within Novartis’ patent. It also argued that a later application filed by Novartis with respect to the supramolecular complex excludes it from the scope of the patent being asserted against NATCO. The Court rejected both the arguments and stated that NATCO’s complex is covered within the scope of the Novartis’ patent claim. While doing so, the Court also rejected the opinion of the scientific advisor which observed that NATCO’s supramolecular complex is not covered in the claim. It therefore granted an interim injunction in favour of Novartis.
Citation:Novartis Ag & Ors. vs Natco Pharma Limited, Decided on 28 October, 2021, by Delhi High Court. Available at: https://indiankanoon.org/doc/15824335/, visited on 2nd November, 2021.
Latest Patent Cases in 2021
Read Latest Patent Cases 2021 – Part 1
Read Latest Patent Cases 2021 – Part 2
This post is brought to you by BananaIP’s IP Consulting & Strategy Department.
About BananaIP’s IP Consulting & Strategy Department
BananaIP’s IP Consulting & Strategy Department has the experience of helping companies use IP for business and competitive advantage. Companies regularly seek their assistance, advise and opinions on identifying/mining inventions and creations, conducting IP audits, protecting IP assets appropriately, launching risk free products, managing litigation for business benefit, resolving disputes out of Court, making money out of IP, enforcing IP, and licensing transactions.
Updates on recent orders and judgments are brought to you jointly by the Patent Law and Consulting/Strategy Divisions of BananaIP Counsels, a Top ranked IP Firm in India. If you have any questions, or need any clarifications, please write to contact@bananaip.com with the subject: Trademark Judgements
Disclaimer
Please note that these case updates have been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the decisions published in the bulletin. You may write to contact@bananaip.com for corrections and take down.
