Frimline v. K-SMATCO: Delhi HC Rules Firmly in Pharmaceutical Patent Infringement Case
In Frimline v. K-SMATCO, Delhi HC granted interim relief over patent IN 382949, citing strong prima facie infringement of Frimline’s pharmaceutical formulation.
Patents
1,294 articles
Patent Refusal Cannot Be a Single Line: Calcutta High Court Calls for Reasoned Orders
In the case of Stromag GmbH vs. Controller General of Patents, the Calcutta High Court ruled that patent refusal orders must contain detailed reasoning. A single-line dismissal, the…
Infrared-Based Biomolecule Detection is Not excluded under Section 3(i) of the Patents Act: Delhi HC
In the case of EMD Millipore Corporation vs Assistant Controller of Patents and Designs, the Delhi High Court held that a non-invasive method for analysing biomolecules is not…
Section 3(i) and Diagnostic Patents: Court Upholds Refusal of Prenatal Testing Method
Delhi HC rules Sequenom’s NIPT methods are excluded as “diagnostic” under Section 3(i) and hit by 3(b) for sex selection concerns, while keeping the door open for tools…
Roche’s Appeal Dismissed, Path Open for Affordable Risdiplam in India
The Delhi High Court dismissed Roche’s appeal against Natco Pharma, finding the Risdiplam patent prima facie obvious due to its similarity with prior genus patents, paving the way…
Calcutta High Court Clarifies Scope of Section 3(h) in Patent Law: Base SE v. Controller of Patents
In Base SE v. Deputy Controller of Patents, the Calcutta High Court ruled that scientific and technical inventions addressing agricultural problems are not excluded under Section 3(h). It…
Saint-Gobain Patent Rejection: Delhi HC Finds No Inventive Step in Glass Coating Claim
Delhi HC upholds Saint-Gobain patent rejection, ruling that the glass coating claim lacked inventive step and failed to show technical advancement.
Old Wine in New Bottle: Distillery Waste Patent Denied
Delhi HC affirms rejection of a patent on ZLD process from distillery waste, citing lack of inventive step and application of Section 3(d) of the Patents Act.
Court Remands Patent Rejection Over IV Catheter, Cites Flawed Obviousness Test
Delhi HC sets aside patent rejection for IV catheter, citing flawed inventive step analysis under Agriboard test and lack of reasoned decision.
No Territorial Jurisdiction, No Quia Timet Relief: Lessons from a Patent Case
In the case of Helsinn Healthcare SA vs AET Laboratories, the Delhi High Court declined to entertain a patent infringement action filed in anticipation of future infringement. The…