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Patent Case Law Summary

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 …

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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., …

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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 …

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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 …

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Pfizer Products Inc. v. Controller of Patent & Designs

Patent Case Summary: Pfizer Products Inc. v. Controller of Patent & 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(d). SUMMARY Short description of Patent: The claimed compound of IN’991 is 3-{(3R, 4R)-4-Methyl-3-[methyl-(7Hpyrrolo[2,3-d]pyrimidin-4-yl)-amino]-piperidin-1-yl}-3-oxo-propionitrile and pharmaceutically acceptable salts thereof. The claimed compound is called TOFACITINIB and the commercialized pharmaceutically …

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CDE Asia Limited v. Jaideep Shekhar

Patent Case Law Summary: CDE Asia Limited v. Jaideep Shekhar

Important Issue  Whether the suit for infringement filed by the patentee is maintainable, when there is a pending post-grant opposition in view of the subsistence of the right of the patentee under Section 48. SUMMARY Short description of Patent: Patent related to product “FM 120 CONEXUS” FACTUAL MATRIX: Plaintiff has filed the present suit, inter …

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Astrazeneca AB & Anr. v. Intas Pharmaceuticals Ltd. & Ors.

Patent Case Summary: Astrazeneca AB & Anr. v. Intas Pharmaceuticals Ltd. & Ors. 

Important issue Whether subject matter of species patent held by Astrazeneca was disclosed in the genus patent held by the same person, thereby invalidating the species patent for lack of inventive step and being obvious to person skilled in art? PATENT CASE SUMMARY Subject matter of patent: Patent no. IN 235625 (Patent ‘625) covers the …

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Huawei Technologies v. Controller General of Patents & Designs

Patent Case Summary: Huawei Technologies v. Controller General of Patents & Designs

IMPORTANT ISSUE Whether the Controller General was right in refusing a patent application on the grounds if lack of inventive step SUMMARY SHORT DESCRIPTION OF PATENT A method and device was disclosed that automatically produced vocabulary entries from specified inputs acoustic data for any kind of words including special words. In particular the invention teaches …

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The Procter & Gamble Company v. Controller of Patents and Designs

The Procter & Gamble Company v. Controller of Patents and Designs

IMPORTANT ISSUE Whether the Controller General erred in rejecting divisional application on the basis of conflict of claims with already examined parent application under Section 16. SUMMARY Short description of Patent: The patent in divisional application presents an invention that relates to a laundry detergent composition comprising a combination of specific enzyme with a specific …

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Patent Case Summary - University of Copenhagen v. Controller of Patents

Patent Case Summary: University of Copenhagen v. Controller of Patents

Important issue Whether the subject matter claimed under the patent application lacks novelty and inventive step Summary  FACTUAL MATRIX The University of Copenhagen filed application no. 531/DELNP/2013 as National phase application based on the PCT International application No. PCT/EP2011/004565 dated 06.07.2011. The First Examination Report (FER) was issued on 02.07.2018. The FER raised objections on …

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UCB Pharma S.A. v. Controller General of Patents and Designs

Patent Case Summary: UCB Pharma v. Controller General of Patents and Designs

Important issues Whether the application made by UCB Pharma is a valid divisional application under Section 16? Whether the subject matter claimed therein lacks inventive step? Summary Factual matrix UCB first filed a parent application IN/PCT/2002/00019/MUM with 84 claims that were later restricted to 67 to conform to PCT standards. The First Examination Report (FER) …

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DOW Agrosciences LLC v. Controller of Patents

DOW Agrosciences LLC v. Controller of Patents, The Patent Office, Baudhik Sampada Bhawan

Important Issue Whether the Controller was right in refusing patent application no. 8373/DELNP/2014 on the sole ground of alleged non-filing of proof of right document. Case Summary Factual matrix DOW filed Indian Patent Application bearing no. 8373/DELNP/2014 being the national phase application under PCT, and the date of filing national phase entry was 08.10.2014. The …

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Lifesaver IP Limited v. Assistant Controller of Patents and Designs

Lifesaver IP Limited v. Assistant Controller of Patents and Designs

Important issue Whether the Controller acted arbitrarily in exercise of his powers under Section 15  of the Act and Rule 129A of the Patents Rules 2003. Summary Factual matrix: Lifesaver IP filed patent application no. 1856/DELNP/2009 on 20.03.2009 as Patent Cooperation Treaty (PCT) National Phase application, claiming priority from UK application no. GB 0618892.4 dated 25.09.2006. …

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Nuziveedu Seeds Ltd. & Ors v. Mahyco Monsanto Biotech India Pvt. Ltd.

Nuziveedu Seeds v. Mahyco Monsanto Biotech Patent Case Law Summary

Important Issue Whether a patent related to genetically modified cotton seeds is valid under Section 3(j) of the Patents Act, 1970; or was it exclusively under the domain of the Protection of Plant Varieties and Farmers’ Rights Act, 2001. Summary Short description of Patent: The patent was for transgenic cotton seeds named as Bt. Cotton, …

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Patent Case Law: Bristol Myers Squibb Holdings Ireland Unlimited Company v. Natco Pharma

Important issue Whether proceedings in an infringement suit are liable to be stayed under Section 10 of the Code of Civil Procedure (CPC) owing to a declaratory suit previously filed by the other party in a different civil court? Summary Title: Bristol Myers Squibb Holdings  Ireland Unlimited Company v. Natco Pharma Subject matter of patent: …

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