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DELHI HIGH COURT
JAYANT NATH
Novartis AG – Appellant
Versus
Natco Pharma Limited – Respondent
JUDGMENT
Jayant Nath, J.
IA No.1803/2019 in CS(COMM) 62/2019 IA No.9072/2020 in CS(COMM) 425/2020 IA No.12284/2020 in CS(COMM) 557/2020 and IA No.4728/2021 in CS(COMM) 156/2021
1. The issue in the aforenoted four suits are largely common and pertains to the plea of the plaintiffs' of alleged infringement of the Indian Patent IN 229051 of plaintiff No.1.
2. For the purpose of present judgment, I will deal with the facts of the first suit, namely, IA No. 1803/2019 in CS(COMM) 62/2019, titled `Novartis AG & Ors. v. NATCO Pharma Limited'.
3. This is an application filed on behalf of the plaintiffs under Order 39 Rules 1 and 2 CPC seeking an ex parte injunction to restrain the defendant, its agents, etc. from manufacturing, importing, selling, offering for sale, etc. any pharmaceutical composition comprising a combination of Valsartan or a pharmaceutically acceptable salt thereof and Sacubitril or a pharmaceutically acceptable salt and a pharmaceutically acceptable carrier or more specifically a pharmaceutical composition comprising combination of Sacubitril +Valsartan as a sodium salt complex or in any other form which may amount to infringement of Indian Patent No.229051 of plain
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.
A quia timet action can proceed when the plaint alleges sufficient facts indicating an imminent threat of patent infringement, necessitating judicial scrutiny.
Validity of specific patents is upheld while assessing distinctions between coverage and disclosure, emphasizing protection of intellectual property rights against infringement.
Patent infringement requires the plaintiff to prove unauthorized use of a patented process, while the validity of the patent must meet criteria of novelty, description, and utility.
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....
Patent is prima facie invalid due to prior claiming and non-working, infringing on patent system integrity by prolonging monopoly post-expiration.
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