This running post provides a summary of the latest patent cases decided by courts in India in 2022:
MSN Laboratories Pvt. Ltd v. Novartis Ag.
The present suit was an appeal filed before the High Court of Telangana against an ad interim injunction order passed by the City Civil Court, Hyderabad. The lower court held that the Novartis Ag had established prima facie case of infringement against MSN Laboratories Private Limited. Novartis Ag filed the suit concerning a novel and inventive pharmaceutical composition comprising of Valsartan and Sacubitril. The Appellant obtained manufacturing approval for a formulation of Sacubitril and Valsartan tablet from Central Drugs Standard Control Organization (CDSCO) which constituted an imminent threat to the Respondent and launch of such product in the market, if not prevented, would have led to infringement of the Respondent’s patent.
It was contended that it was well within the patentee’s right to seek injunction against an infringement, both real and imminent, especially in the instant case where Appellant was clear in its intent to market its drug formulation.
The High Court therefore held that the manufacture of a drug carrying the same two salts as that of Respondent’s patent was violative of Respondent’s patent granted in the year 2009 and therefore the learned Single Judge was justified in granting the injunction.
Citation: MSN Laboratories Pvt. Ltd v. Novartis Ag., Decided by High Court of Telangana on 14th February 2022, available at https://indiankanoon.org/doc/50678263/, last visited on 21st February, 2022.
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