In a landmark decision, the Bombay High Court granted Novartis AG an ad-interim injunction against Novarish Healthcare Private Limited for trademark infringement. Novartis successfully argued that Novarish’s use of the “NOVARISH” mark was deceptively similar to its well-known “NOVARTIS” trademark, leading to the court’s decision to protect Novartis’s intellectual property rights. Continue Reading Novartis says No to Novarish
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
Learn about the patent cliff and how Novartis’ heart failure drug Vymada (Entresto®) will expire its patent protection in 2023. Find out more about secondary patents that can extend market exclusivity of Entresto® until 2033. Continue Reading Profiting from the Patent Cliff: What Drug Manufacturers Need to Know about Secondary Patents
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 post, we bring to you Important Patent Cases decided by Indian Courts in year 2021
FMC Corporation & ANR. vs Natco Pharma Limited
In this comprehensive judgment with respect to grant of interim injunctions involving a patent relating to “Chlorantraniliprole” (also known as CTPR), the Delhi High Court rejected a valiant effort by the defendant based on several grounds under the patent law. The Court refused to grant permission to the defendant to manufacture and sell the insecticide during…
In this week's update on patents - India requests emergency meeting of WTO General Council to discuss patent waiver; RGNIIPM announces online advanced training program on patent specification; Taiwan’s revised ‘Accelerated Examination Program’ (AEP) comes into effect from January 01, 2022; USPTO pushes deadline for applications under COVID-19 Prioritized Pilot Program to March 31st, 2022; Novartis announces CAFC ruling on validity of Gilenya patent; Intel can challenge two of Qualcomm's smartphone patents, says U.S. Court of Appeals.
India related patent updates…
During the last two days, two interesting articles addressing accessibility of medical products and methods were published. While one article in 'The Hindu' spoke about capitalism and its inherent hurdles to access, another article written by Professor Arul Scaria in 'The Wire' argued against Niti Aayog's approach towards access to COVID vaccines and medicines. In his article, Professor Scaria specifically pointed out that Government's reluctance to use the compulsory licensing mechanism as a part of the COVID vaccine/medicine access scheme…
This Post was first published on 15th May, 2013.
NOVARTIS AG (APPELLANT) Vs. UNION OF INDIA & OTHERS (RESPONDENTS)
Decided by the Supreme Court of India, CIVIL APPEAL Nos. 2706-2716 OF 2013.
Brief Facts
The Appellant, Novartis, filed an application for patent in 1998 for a crystalline salt form of Imatinib and its use in cancer treatment.
It specifically claimed the methanesulfonic acid addition salt form of the compound, Imatinib, called as Imatinib Mesylate (commonly referred to as Glivac or…
“Indian elections and Patents on voting machines, Delhi High Court restrains Natco from manufacturing cancer drug, Samsung and Huawei end eight - year long patent dispute, Novartis thwarts attempt to invalidate its cancer drug in US and more patent news” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Quote of the Week
“Ideas in your mind have no patent value. They must be expressed or reduced to practice before it is too late” –…