Pharmaceutical patents | Intellepedia

Akebia’s patent for Anemia therapy gets fresh blood from Court

Illustration featuring the headline “Court infuses fresh blood into Patent for Anemia Therapy” alongside an image of a blood bag with a red tube.

In a recent case the Madras High Court upheld Akebia Therapeutics’ appeal on its anaemia treatment patent, interpreting Section 59 to allow claim amendments from treatment methods to compositions, as long as they’re disclosed in the original application. The case underscores the significance of well-documented specifications in pharmaceutical patents.

AbbVie’s Patent Refusal Upheld over Impermissible Shift from Treatment to Product Claims

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The Delhi High Court has dismissed AbbVie’s appeal regarding the refusal of their patent application for an anti-cMet antibody-drug conjugate. The court found the proposed amendments exceeded permissible scope under the Indian Patents Act.

Failure to Disclose Prior Art in Hearing Notice Violates Procedural Fairness, Rules Calcutta High Court

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Introduction The Calcutta High Court recently overturned the Controller’s decision to reject a patent application in the case of UCB Pharma GmbH & Anr. v....

Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity

The Delhi High Court upheld the validity of Novartis’s Ceritinib patent against Natco’s challenge, addressing divisional application issues and allegations of suppression. The injunction against Natco remains in force, reinforcing the enforceability of Novartis’s patent rights.

Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice

The Madras High Court set aside a patent refusal under section 3d, citing lack of procedural fairness and insufficient reasoning. The Court directed reconsideration, underscoring the necessity of reasoned orders and respect for principles of natural justice in patent proceedings.

Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals

The Madras High Court affirmed the validity of Malladi Drugs’ patent for chiral beta-amino alcohols, highlighting the invention’s novelty and inventive step. The judgment clarifies key principles on patent revocation and the definition of a “person interested” under Indian patent law.

Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ

The Calcutta High Court has clarified the standards for product-by-process patent claims in India, focusing on the necessity of expert evidence in infringement cases. The decision in West Bengal Chemicals v. GTZ provides important guidance for pharmaceutical patent litigation.

Boehringer secures Patent Injunction for its Diabetes Drug – Empagliflozin

The Himachal Pradesh High Court has granted Boehringer Ingelheim an interim injunction against Eris Lifesciences, preventing the manufacture and sale of Empagliflozin during the suit. The case provides insights into the judicial approach towards pharmaceutical patent disputes in India.

Cancerous Battle: Novartis and NATCO clash over Eltrombopag

The Delhi High Court Division Bench set aside an injunction against Natco Pharma in the Novartis Eltrombopag patent dispute. The judgment provides key guidance on patent validity challenges and the requirements under Section 3(d) of the Patents Act in pharmaceutical cases.

Product by Process Patent Claims are Product Claims, not Process Claims, rules the Delhi High Court

The Delhi High Court has ruled that product by process patent claims are to be treated as product claims, not process claims, for both patentability and infringement analysis. This judgment clarifies the legal position and ensures consistent standards for evaluating pharmaceutical and other complex inventions in India.