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KRISHNA RAO
West Bengal Chemical Industries Limited – Appellant
Versus
GTZ (India) Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. overview of petitioner's pharmaceutical patents. (Para 1 , 2 , 3 , 4 , 5) |
| 2. claims of patent infringement by respondents. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. respondents' arguments against patent validity. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. standards for granting interim injunctions in patent cases. (Para 28 , 29 , 30) |
| 5. legal standards and principles governing patent rights and injunctions were reviewed. (Para 34) |
| 6. court's decision denying interim relief. (Para 41 , 42) |
JUDGMENT :
KRISHNA RAO, J.
1. The petitioner is engaged in manufacturing and trading of Active Pharmaceutical Ingredients (herein after referred to as “API”) and various organic chemicals since 1988. The petitioner being API Pharmaceutical manufacturing company which researches, produces, develops and markets its own pharmaceutical products and is focused on finding new pharmaceutical solutions and delivering high quality products, driving scientific excellence through its R&D and helping the people through its exports around the world.
2. In the present day, the petitioner has innovated treatments for Iron deficiency and Iron deficiency anemia through its innovative R&D in o
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