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C. HARI SHANKAR
Novartis AG – Appellant
Versus
Synokem Pharmaceuticals Limited – Respondent
ORDER :
1. This suit was instituted by the plaintiffs against the defendant alleging infringement, by the defendant, of Indian Patent IN 229051 (IN’051), held by the plaintiffs in respect of a pharmaceutical composition containing a combination of Valsartan and Sacubitril, intended to treat cardiovascular disorders.
2. On 25th August 2022, an ex parte ad interim injunction was granted by this Court, restraining the defendant, its distributors, licensees, franchisees, agents and anyone else acting on its behalf, from manufacturing, selling or importing the products covered by the Indian Patent IN’051 during the life time of the patent.
3. That order now has no effect as the patent has expired on 16th January 2023.
4. In view thereof, Mr. Siddhant Sharma, learned Counsel for the plaintiffs submits that the dispute in this suit does not survive for consideration. The suit is disposed of as having become infructuous.
Infringement of a patent and liability for damages after the expiration of the patent term
The rights conferred upon the patentee under Section 48 of the Patents Act, 1970, to prevent third parties from offering for sale or selling infringing products without consent, influenced the court'....
Expiration of a patent can render a suit infructuous.
The scope of patent claims is defined by the claims themselves; any pharmaceutical composition containing the claimed ingredients constitutes infringement, regardless of the specific formulation.
The scope of an invention is defined and determined by the granted claims.
The central legal point established in the judgment is the court's authority to issue a permanent injunction against patent infringement based on the Defendant's undertaking and lack of manufacture o....
The court ruled that government notices do not confer rights to infringe patents and acknowledged the defendant’s commitment not to engage in infringing activities until patent expiration.
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