fbpx

Patent Case Law Summary

Astrazeneca AB & Anr. V. Emcure Pharmaceuticals Ltd. & Anr.

Important Issues Application for injunction- anticipation tested against Markush claim. Determination of date for assessing anticipation by prior art Summary Title: Astrazeneca Ab and Another v. Emcure Pharmaceuticals Limited and MSN Labaratories Short Description of Patent: Plaintiffs are owners of Indian Patent Nos. IN 209907, IN 247984 and IN 272674 which cover the pharmaceutical compound …

Astrazeneca AB & Anr. V. Emcure Pharmaceuticals Ltd. & Anr. Read More »

Patent Case Law Summary: Claudio De Simone v. Actial Farmaceutica SRL

IMPORTANT ISSUES Whether the defendant is passing off the plaintiff’s chemical formula based product as their own? SUMMARY FACTUAL MATRIX Plaintiff No. 1 in the suit (Professor Dr. Claudio De Simone, a resident of Switzerland) is the inventor of a formulation known as the De Simone Formulation (“Formulation”). The Formulation was protected by a patent …

Patent Case Law Summary: Claudio De Simone v. Actial Farmaceutica SRL Read More »

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

IMPORTANT ISSUES Whether the Controller General was wrong revoking the patent based on a post-grant opposition, without appreciating recommendation of the Opposition Board in favour of the Appellant Patentee. Whether the Controller failed to appreciate the evidence demonstrating novelty of the subject matter of the instant patent. SUMMARY Title: Novartis AG v. The Controller General …

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

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

IMPORTANT ISSUEWhether 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. SUMMARYTitle: Nuziveedu Seeds Ltd. & Ors v. Mahyco Monsanto Biotech India Pvt. Ltd.Short description of Patent: The …

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

Monsanto Holdings Pvt. Ltd. & Ors. v. Competition Commission of India & Ors.

IMPORTANT ISSUES Whether there is repugnancy between the Competition Act, 2002 and the Patents Act, 1970 in so far as jurisdiction is concerned, when abuse of patent rights is alleged. In other words, is the Patents Act, 1970 a complete code in itself or can the CCI investigate into matters regarding competition in the market …

Monsanto Holdings Pvt. Ltd. & Ors. v. Competition Commission of India & Ors. Read More »