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DELHI HIGH COURT
C.HARI SHANKAR
Novartis AG – Appellant
Versus
Natco Pharma Limited – Respondent
| Table of Content |
|---|
| 1. plaintiffs' entitlement to interlocutory injunction. (Para 1 , 4 , 5 , 6) |
| 2. arguments on validity of patent in 161. (Para 2 , 7 , 9 , 10) |
| 3. court observations regarding pharmaceutical patent challenges. (Para 11 , 12 , 33 , 40) |
| 4. legal standards on patentability and infringement. (Para 14 , 35) |
| 5. order granting injunction against the defendant. (Para 41) |
JUDGMENT
I.A.6980/2021 (under Order XXXIX Rules 1 & 2 of CPC)
1. This order decides IA 6980/2021, whereby the plaintiffs have sought an interlocutory injunction against the perceived infringement, by the defendant, Natco Pharma Ltd, of the plaintiffs' suit patent IN 233161 (in short, `IN 161').
2. Arguments were advanced on behalf of the plaintiffs by Mr. Hemant Singh, and on behalf of the defendant by Mr. J. Sai Deepak. Copious written submissions have also been filed by both sides.
3. The plaintiffs would collectively be referred to, hereinafter, for ease of reference, as "Novartis".
Facts
4. The suit patent was originally granted to M/s Smith Kline Beecham Corporation (later renamed "GlaxoSmithKline LLC") on 27th March, 2009. Novartis claims that the suit patent was first assigned by GlaxoSmithKline LLC
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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.
Interim injunctions in patent cases require a prima facie case; valid disclosure of patents must be clear, and a patentee cannot claim multiple patents for the same invention without significant diff....
Validity of specific patents is upheld while assessing distinctions between coverage and disclosure, emphasizing protection of intellectual property rights against infringement.
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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