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DELHI HIGH COURT
PRATHIBA M.SINGH
Chugai Seiyaku Kabushiki Kaisha – Appellant
Versus
Hetero Labs Limited – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present suit has been filed seeking permanent injunction restraining infringement of Indian Patent No.294424 (hereinafter, "suit patent") which is titled "TETRACYCLIC COMPOUND", along with damages, rendition of accounts, delivery up, and other reliefs, against the Defendant. According to the suit patent, the claimed tetracyclic compound, salts or solvates thereof are useful, inter alia, in the treatment of diseases including cancer. The suit patent discloses and covers a compound having the International Non-Proprietary Name (INN) - `Alectinib', being commercially sold by the Plaintiffs under the brand name Alecensa.. The term of the suit patent of expires on 9th June, 2030.
3. The Plaintiff No.1 - Chugai Seiyaku Kabushiki Kaisha (also known as "Chugai Pharmaceutical Co. Ltd.") is a company headquartered in Japan and is a leading innovator in the healthcare industry. Plaintiff No.2 - F. Hoffmann-La Roche AG is a company headquartered in Switzerland and is also one of the world's largest pharmaceutical company. As per the plaint, Plaintiff No.1 is the patentee of the suit patent and
The court upheld that patent holders are entitled to protection against commercial use of their patented product, while allowing research use under specific exemptions.
A defendant can use patented technology for research without infringing patent rights, provided they do not commercially launch the product before patent expiration or a finding of invalidity.
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....
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
Infringement of a patent and liability for damages after the expiration of the patent term
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