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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT BANSAL
F- Hoffmann -La Roche Ag – Appellant
Versus
Zydus Lifesciences Limited – Respondent
JUDGMENT :
AMIT BANSAL, J.
I.A. 5827/2024 (seeking constitution of a confidentiality club)
1. The present suit has been filed inter alia seeking relief of permanent injunction restraining infringement of the following two Indian patents (hereinafter collectively referred to as the ‘suit patents’):
a. Indian patent no. IN 268632 titled as ‘PHARMACEUTICAL FORMULATION COMPRISING HER2 ANTIBODY’ (hereinafter ‘IN’632’) is a product patent which relates to an aqueous pharmaceutical formulation comprising Pertuzumab and excipients such as sucrose, histidine acetate buffer, polysorbate such that the pH of the said formulation is between 5.5-6.5.
b. Indian patent no. IN 464646 titled as ‘PERTUZUMAB VARIANTS AND EVALUATION THEREOF’ (hereinafter ‘IN’646’) is a process patent which relates to the method for making a composition comprising Pertuzumab and one or more variants.
CASE SET UP IN THE PLAINT
2. The case set up by the plaintiffs in the plaint is as follows:
2.1 The plaintiff no.1, a Switzerland based company founded in 1896, is one of the world’s leading research-focused healthcare groups in the fields of pharmaceuticals and diagnostics. The plaintiff no.2, an American corporation founded in 19
Section 104A mandates that for defendants in patent infringement cases, the products must be identical for burden of proof to shift, emphasizing the distinction required for biologics compared to con....
Discovery of documents is essential for fair adjudication in disputes over bio-similar drugs, and confidentiality claims cannot obstruct this process.
In patent infringement cases, public interest and product-to-claim mapping are crucial, and an injunction cannot be justified without decisive mapping, especially for life-saving drugs.
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.
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.
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