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…
Facts (with Timeline):
On 4th October, 2013, Novo Nordisk (hereinafter referred to as “Patentee”) was issued patent IN 257402.
On 29th September, 2014, which is five days prior to the expiry of one year from the date of grant, Sun Pharmaceuticals Industries (hereinafter referred to as “Opponent) filed a post-grant opposition to the issued patent IN 257402.
On 21st August, 2019, the Opposition Board provided its recommendation to the learned Controller.
On 25th September, 2019 and 26th September, 2019, the hearing…
In a recent decision, the Delhi High Court has reiterated the principles to be followed with respect to patent oppositions, and has once again explained the context, approach, and pace of such proceedings. The Court has reiterated the principles that have to be followed by the Opposition Board, Patent Office, and parties in opposition proceedings based on principles laid down in the Pharmacyclics case. While doing so, the Court emphasized the need to expedite post-grant opposition proceedings, and the need…