In a landmark decision, the Delhi High Court overturned an injunction against Natco, allowing them to produce a generic version of Novartis’s cancer drug. The Court held that Novartis’s patent on a specific salt form of the drug (ELT-O) lacked novelty due to its coverage in an earlier patent (IN’176). Continue Reading Cancerous Battle: Novartis and NATCO clash over Eltrombopag
Facts (with Timeline):
i) FMC Corporation and FMC Agro Singapore Pte. Ltd. (collectively referred to as “Plaintiffs”) were assigned Indian Patent No. 298645 (suit patent/IN’645) titled “Method for preparing N-Phenylpyrazole-1-Carboxamides.”
ii) The suit patent disclosed a novel method for preparing anthranilic diamide insecticide compounds. The claimed method involves combining:
a carboxylic acid compound of Formula 2,
an aniline compound of Formula 3, and
a sulfonyl chloride,
to prepare a compound of Formula 1 (Chlorantraniliprole (CTPR)).
iii) The Plaintiffs brought…
In a recent decision, the Delhi High Court gave clarity about how amended claims during opposition proceedings have to be dealt with by the Controller of Patents. In the case, four claim sets were filed by Novartis, the Patent Applicant, from the PCT filing stage, and the opponent in the case, NATCO, filed a pre-grant representation based on a pre-final claim set. Later, the claims were amended by the Patent Applicant, and a final set was submitted along with expert…
In this post, we bring to you few Patent Cases decided by Indian Courts in the year 2021
Merck Sharp And Dohme Corp & ANR vs YMS Laboratories Private Limited
In this case, the plaintiff, owner of patents pertaining to Sitagliptin and its derivative salts, filed an infringement suit against the defendant. The plaintiff prayed for an Ad Interim Injunction during the pendency of the suit. After reviewing the facts presented, the Court granted an Exparte Ad Interim Injunction as the…
In this week’s patent news: Patent Office notifies Supreme Court’s order on Extensions of Timelines; Patent office announces JPO/IPR Training Course FY 2021; BananaIP and NASSCOM to organize a Master Class on IP; Panacea Biotec accuses Sanofi of patent infringement, files suit; Natco and Eli Lilly sign patent license agreement for production of Barcitinib; NATCO and Eli Lilly sign patent license agreement for production of Barcitinib; India and South Africa propose three-year patent waiver.
Patent Office notifies Supreme Court’s…
In this week’s patent news: Natco files compulsory license request for Baricitinib; USA approves temporary patent waiver; EU critical of US proposal for patent waiver, calls for removal of export restrictions; Ericsson and Samsung settle latest patent dispute, sign global patent license agreement; WIPO publishes guide on “International Registration of Industrial Designs under the Hague Agreement” and USPTO hiring hundreds of new patent examiners.
Natco files compulsory license request for Baricitinib
Hyderabad based generic drug manufacturer Natco…
Mark Twain once said “Get your facts first, then you can distort them as you please”. How is this relevant to this Compulsory Licensing post here? You need to read on to discover that.
The history of Compulsory Licensing can be traced back to the UK Statute of Monopolies in 1624, which ruled out monopolies associated with patent, and stated that grants should not be mischievous to the State‘ or hurt trade. The UK recognized compulsory licensing in terms of…
Pharmaceutical industries seem to be making headlines this season. Over the past few weeks there have been numerous news reports with respect to the pharmaceutical industry, SiNApSE alone has covered many of these in its earlier blog posts. The issues range from rejection of patent applications based on the ever so controversial section 3(d) as observed in the case of Pfizer’s drug “Tofacitinib” to the resurrection of the nightmare of many pharmaceutical companies, namely “the COMPULSORY LICENSE” as seen in…