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PRATHIBA M. SINGH
Pfizer Inc – Appellant
Versus
West-coast Pharmaceutical Works Limited – Respondent
JUDGMENT
Prathiba M. Singh, J.(Oral)
1. This hearing has been done through hybrid mode.
2. The present suit was filed for permanent injunction restraining infringement of patent numbers IN 218291, IN 249316, IN 243571 and IN 250050. The said patents as per the Plaintiff cover two products i.e., Palbociclib and Crizotinib in their different forms. The Plaintiffs are assignees to the said patents being asserted in the suit. The case of the Plaintiffs is that the patents are valid till 10th January, 2023 (Palbociclib) and 15th August, 2025 (Crizotinib) and are being infringed by the Defendant.
3. The details of the suit patents being asserted and the products they cover, as averred by the Plaintiffs are as follows:
(a) IN 218291 is assigned to Plaintiff No. 2- Warner Lambert Company LLC and the said patent covers and claims the product, which is commercially sold under the trade name `Ibrance' and in India as `Palbace'.
The bibliographic details of IN 218291 are as follows:
[IMG]
(b) IN 249316, IN 243571, and IN 250050 cover and claim the product of the Plaintiffs', `Crizotinib', which is commercially sold under the trade name Xalkori and in India as Crizalk. Plaintiff No. 1- Pfizer Inc
Acknowledgment of patent rights by the Defendants and their undertaking not to infringe, permissible use for research and development under Section 107-A of the Patent Act, 1970
The court upheld that patent holders are entitled to protection against commercial use of their patented product, while allowing research use under specific exemptions.
Intellectual property Rights - Patent - Infringement of products - Existing stock shows that lot of production of impugned product took place also when pre-grant opposition filed by Association was d....
The court reaffirmed the sanctity of patent rights, determining that allowing sale of infringing products would undermine ongoing legal protections against patent infringement.
Court ruled that habitual infringement of trademarks in pharmaceuticals demands strict judicial action, including severe penalties and compliance oversight.
Infringement of patent established; interim injunction granted to prevent public harm.
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....
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