Pharma patents Archives

Merck v. Glenmark – A Bitter Battle of Pills

The Delhi High Court has restrained Glenmark from making and marketing generic versions of Merck Sharp & Dohme (MSD)'s popular antidiabetic drug “Januvia” (sitagliptin) and “Janumet” (combination of sitagliptin and metformin) in its latest order dated October 7, 2015. The order restrains Glenmark from making, using, selling, distributing, advertising, exporting, offering for sale or dealing in Sitagliptin Phosphate Monohydrate or any other salt of Sitagliptin in any form, alone or in combination with one or more other drugs or from…

October 9, 2015 BananaIP Reporter Intellectual Property 0Comment 3620Views 0Like

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Pfizer files for Patent on Known Substance

This is in furtherance of Gaurav's post with respect to refusal of Pfizer Patent by the Indian Patent Office. I do not wish to repeat the facts or reiterate the order. However, I would like to bring forth one aspect of the order that seems to contradict the Novartis decision of the Supreme Court. In the Novartis case, the Supreme Court clearly laid down that assessment of subject matter and novelty/inventive step cannot be merged, and they are two segregate…

September 9, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 547Views 0Like

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Patent Infringement Claim on Cancer Treatment Drug

“You win some and you lose some”, this is a phrase all too familiar to most people and more specifically to the market of pharmaceuticals. It is perhaps this phrase that most pharmaceutical companies live by during their existence! Patent infringement, claim invalidation, compulsory license and Generic companies are the most clichéd words that one comes across, whenever there is a mention of pharmaceutical patents. Eli Lilly (a cancer treatment drug) happens to be one such entity that has “been…

July 9, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 528Views 0Like

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Special 301 Report: Chapter V. Inventive Step & 3(d) – Comprehending Apprehension or Apprehending Comprehension?

Is Section 3(d) an extension of the Inventive Step analysis? The answer to this question can make a difference to the compliance of non-discrimination obligations under the TRIPs Agreement, and so it plays a significant part. Article 27.1 of the TRIPs Agreement reads as follows: Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable…