fbpx

Patent Case Law Summary

Merck Sharpe and Dohme Corp. and Ors. v. SMS Pharmaceuticals Limited

Merck Sharpe and Dohme Corp. and Ors. v. SMS Pharmaceuticals Limited

IMPORTANT ISSUE Whether the export of the patented product Sitagliptin to companies carrying out research activities was protected under Section 107A of the Patents Act, 1970? FACTUAL MATRIX Merck Sharpe filed for a permanent injunction against SMS Pharmaceuticals to prevent infringement of their Patent IN 209816 (’IN 816) relating to Sitagliptin, an anti-diabetic drug. The …

Merck Sharpe and Dohme Corp. and Ors. v. SMS Pharmaceuticals Limited Read More »

FMC Corporation & Anr. v. Natco Pharma Ltd. Anr.

FMC Corporation & Anr. v. Natco Pharma Ltd. Anr.

IMPORTANT ISSUE Whether Patent IN’307 was liable to revoked as the product was obvious from the genus patent IN’978 FACTUAL MATRIX The Plaintiff was the owner of subsisting patents IN’307 (product patent), IN’ 332 (process patent) and IN’ 978 (genus patent) expiring on 13th August 2022. The dispute was regarding Chlorantraniliprole (also known as “CTPR”) …

FMC Corporation & Anr. v. Natco Pharma Ltd. Anr. Read More »

Mold Tek Packing Pvt. Ltd. v. S.D.Containers

Mold Tek Packing Pvt. Ltd. v. S.D.Containers

IMPORTANT ISSUE In situations where a High Court does not exercise original civil jurisdiction and there is no Commercial Court notified at the District level, which Court can exercise original jurisdiction to hear a commercial dispute? FACTUAL MATRIX A dispute regarding cancellation of registration of Design under the Designs Act, 2000 arose between the two …

Mold Tek Packing Pvt. Ltd. v. S.D.Containers Read More »

Bharati Rathore v. Union of India

Bharati Rathore v. Union of India & Anr.

IMPORTANT ISSUE I. Whether the degree in Nano bio info cognitive neuroscience held by the Petitioner was equivalent to the Bachelor’s degree in biotechnology advertised by the Respondent as a minimum requirement for applicants to the post of Examiner of Patents. II. Whether the Court can intervene in matters regarding minimum requirements set for the …

Bharati Rathore v. Union of India & Anr. Read More »

United States Gypsum Company vs. Assistant Controller of Patents and Designs

United States Gypsum Company vs. Assistant Controller of Patents and Designs

IMPORTANT ISSUE Whether the Controller erred in rejecting the patent on the grounds of lack of inventive step under section 2(1)(j) of the Patents Act, 1970. Whether the amendments proposed by the applicants were beyond the scope of invention as filed. SUMMARY Subject matter of patent: The invention relates to a non-combustible flooring system comprising …

United States Gypsum Company vs. Assistant Controller of Patents and Designs Read More »

Dow Agrosciences LLC v. Controller of Patents and Designs

Dow Agrosciences LLC v. Controller of Patents and Designs

IMORTANT ISSUE Whether the Controller erred in rejecting the patent under Section 15 of the Indian Patents Act, on the grounds of lack of inventive step under section 2(1)(j) of the Patents Act, 1970. SUMMARY Subject matter of patent: Subject matter is directed to include novel transformation events of cotton plants comprising one or more …

Dow Agrosciences LLC v. Controller of Patents and Designs Read More »

Tony Mon George v. Assistant Controller of Patents & Designs

Tony Mon George v. Assistant Controller of Patents & Designs

IMPORTANT ISSUE Whether the Controller erred in rejecting the patent under Section 15 of the Indian Patents Act, on the grounds of lack of inventive step. SUMMARY Subject matter of patent: The present invention concerns a centrifugal separator for cleaning of gas (light phase) with special configuration of interspaces between the separation discs. FACTUAL MATRIX …

Tony Mon George v. Assistant Controller of Patents & Designs Read More »

Willowood Chemicals Private Limited v. Assistant Controller of Patents & Designs

Willowood Chemicals Private Limited v. Assistant Controller of Patents & Designs

Important issue Whether the Controller erred in rejecting the patent under Section 15 of the Indian Patents Act, on the grounds of lack of inventive step and non-patentability under section 3(e) of the Patents Act, 1970. Summary Subject matter of patent: Subject matter is directed to an herbicidal composition, comprising of aryloxyphenoxypropionic ester, acetoacetate synthase …

Willowood Chemicals Private Limited v. Assistant Controller of Patents & Designs Read More »

TVS Motor Company limited v. Controller of Patents and Designs

TVS Motor Company limited v. Controller of Patents and Designs

IMPORTANT ISSUE Whether the Controller General erred in rejecting the patent under Section 15 of the Indian Patents Act, on the grounds of lack of novelty. SUMMARY Subject matter of patent: The invention relates to trailing arm with anti-roll bar suspension system for anti-roll bar suspension system for three wheeler motor vehicle. FACTUAL MATRIX The …

TVS Motor Company limited v. Controller of Patents and Designs Read More »

Interdigital Technology Corporation & Ors v. Xiaomi Corporation & ors

Interdigital Technology Corporation v. Xiaomi Corporation

IMPORTANT ISSUE Whether the plaintiffs are entitled to seek a restraint against execution or enforcement, by the defendants, of the order dated 23rd September, 2020, passed by the Wuhan Court regarding anti-suit injunction. SUMMARY Subject matter of patent: 3G and 4G Standard Essential Patents (SEPs) FACTUAL MATRIX The plaintiffs approached this Court on 29th July, …

Interdigital Technology Corporation v. Xiaomi Corporation Read More »

Novartis AG v. Controller General of Patents, Designs and Trade Marks and Ors.

Novartis AG v. Controller General of Patents, Designs and Trade Marks and Ors.

210203 NovartisController IMPORTANT ISSUE Whether the Controller arbitrarily adjourned the hearings indefinitely till physical hearings are possible. SUMMARY Subject matter of patent: The present invention is related to dual acting compounds /combinations of angiotensin receptor and neural endopeptidase used for the treatment of certain vascular diseases. FACTUAL MATRIX The Indian national phase PCT application 4412/DELNP/2007 …

Novartis AG v. Controller General of Patents, Designs and Trade Marks and Ors. Read More »

Adrenomed AG v. The Deputy Controller of Patents and Designs

Adrenomed AG v. The Deputy Controller of Patents and Designs

IMPORTANT ISSUE Whether the Controller General erred in rejecting the patent under Section 15 of the Indian Patents Act, on the grounds of non patentability under section 3(i) SUMMARY Subject matter of patent: Subject matter of the present disclosure is an anti-adrenomedullin (ADM) antibody or an antiadrenomedullin antibody fragment or an anti-ADM non-lg scaffold for …

Adrenomed AG v. The Deputy Controller of Patents and Designs Read More »

Asthristis Relied Plus Ltd. v. Controller of Patents and Designs

Asthristis Relied Plus Ltd. v. Controller of Patents and Designs

IMPORTANT ISSUE Whether the Controller erred in rejecting the patent application in regards to a formulation under section 3(j), section 3(e) and lack of inventive step under section 15 of The patents Act, 1970 SUMMARY Short description of Patent: The invention relates to the topical formulation of the compounds obtained from the plant ‘Comfrey’ i.e., …

Asthristis Relied Plus Ltd. v. Controller of Patents and Designs Read More »

Shri Balaji Industrial Products Limited v. Aia Engineering Limited

Shri Balaji Industrial Products Limited v. Aia Engineering Limited and Ors.

IMPORTANT ISSUE Whether the petitioner can avail remedy under Section 64 and filing counter claim in infringement suit simultaneously. SUMMARY FACTUAL MATRIX A writ petition has been filed by the petitioner to quash and set aside order dated 06.01.2020, transfer the pending suit along with the application to this Honourable Court with immediate effect. The …

Shri Balaji Industrial Products Limited v. Aia Engineering Limited and Ors. Read More »

Pharmacyclics, LLC v. Controller General of Patents, Designs Trademarks and Geographical Indications and Ors.

Pharmacyclics, LLC v. Controller General of Patents, Designs Trademarks and Geographical Indications and Ors.

IMPORTANT ISSUE Whether the Controller General erred in accepting additional evidence after the date of hearing is fixed in post grant opposition proceedings. Whether the Controller was correct in determining lack of inventive step for the subject matter of instant patent SUMMARY Short description of Patent: The patent claims an irreversible BTK Kinase Inhibitor Ibrutinib …

Pharmacyclics, LLC v. Controller General of Patents, Designs Trademarks and Geographical Indications and Ors. Read More »