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AMIT BANSAL
Vifor (International) Ltd. – Appellant
Versus
J. B. Chemicals and Pharmaceuticals Limited – Respondent
JUDGMENT :
(Amit Bansal, J.) :—
I.A. 7808/2023 (O-XXXIX R-1 & 2 of CPC) in CS(COMM) 241/2023 and LA. 7816/2023 (O-XXXIX R-1 & 2 of CPC) in CS(COMM) 242/2023
1. The present suits have been filed seeking relief of permanent injunction restraining the defendants from infringement of the Indian Patent No. 221536 for manufacturing of water-soluble iron carbohydrate complex. The water-soluble iron carbohydrate complex is also designated as “FERRIC CARBOXYMALTOSE” or “IRON CARBOXYMALTOSE” and it is used for the intravenous treatment of iron deficiency and iron deficiency anaemia when oral iron preparations are ineffective or cannot be used.
2. The suit patent was granted on 25th June, 2008 with a priority date of 23rd October, 2002. The PCT International filing date for the suit patent is 20th October, 2003. The term of the patent expires on 20th October, 2023.
3. The drug “FERRIC CARBOXYMALTOSE” was launched in India in March, 2011 by the plaintiff no. 2 pursuant to entering into a non-exclusive license agreement dated 25th January, 2012 with the plaintiff no. 1.
4. Plaintiffs have given details of over 20 lawsuits filed by them against third parties, where orders protecting the plaintiffs' r
The court's decision was based on the lack of evidence of infringement by the defendants before the expiry of the patent.
Patent rights for processes do not confer exclusive rights over products derived from those processes, impacting enforcement and claims for injunction.
The court's decision emphasized the importance of maintaining accounts of manufacture and sales in patent infringement cases and highlighted the need to consider the status of the suit patent and the....
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....
Infringement of patent established; interim injunction granted to prevent public harm.
Patent is prima facie invalid due to prior claiming and non-working, infringing on patent system integrity by prolonging monopoly post-expiration.
Intellectual Property right - Infringement of Indian patents - It is also a well settled position in law that damages are entirely insufficient as panacea for holder of a valid patent, which is infri....
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