Court Must Conduct Inquiry on Mental Competency Before Appointing Legal Guardian - Punjab and Haryana High Court Right to Bail Cannot Be Denied Merely Due to the Sentiments of Society: Kerala High Court Grants Bail in Eve Teasing Case Supreme Court Extends Probation to 70-Year-Old in Decades-Old Family Feud Case Authorized Railway Agents Cannot Be Criminally Prosecuted for Unauthorized Procurement And Supply Of Railway Tickets: Supreme Court Anticipatory Bail Cannot Be Denied Arbitrarily: Supreme Court Upholds Rights of Accused For Valid Arbitration Agreement and Party Consent Necessary: Supreme Court Declares Ex-Parte Arbitration Awards Null and Void NDPS | Lack of Homogeneous Mixing, Inventory Preparation, and Magistrate Certification Fatal to Prosecution's Case: Punjab & Haryana High Court "May Means May, and Shall Means Shall": Supreme Court Clarifies Appellate Court's Discretion Under Section 148 of NI Act Punjab & Haryana High Court Orders Re-Evaluation of Coal Block Tender, Cites Concerns Over Arbitrary Disqualification Dying Declarations Must Be Beyond Doubt to Sustain Convictions: Madhya Pradesh High Court Acquits Accused in Burn Injury Murder Case No Legally Enforceable Debt Proven: Madras High Court Dismisses Petition for Special Leave to Appeal in Cheque Bounce Case Decisional Autonomy is a Core Part of the Right to Privacy : Kerala High Court Upholds LGBTQ+ Rights in Landmark Habeas Corpus Case Consent of a Minor Is No Defense Under the POCSO Act: Himachal Pradesh High Court Well-Known Marks Demand Special Protection: Delhi HC Cancels Conflicting Trademark for RPG Industrial Products High Court Acquits Accused Due to ‘Golden Thread’ Principle: Gaps in Medical Evidence and Unexplained Time Frame Prove Decisive Supreme Court Dissolves Marriage Citing Irretrievable Breakdown; Awards ₹12 Crore Permanent Alimony Cruelty Need Not Be Physical: Mental Agony and Emotional Distress Are Sufficient Grounds for Divorce: Supreme Court Section 195 Cr.P.C. | Tribunals Are Not Courts: Private Complaints for Offences Like False Evidence Valid: Supreme Court Limitation | Right to Appeal Is Fundamental, Especially When Liberty Is at Stake: Supreme Court Condones 1637-Day Delay FIR Quashed | No Mens Rea, No Crime: Supreme Court Emphasizes Protection of Public Servants Acting in Good Faith Trademark | Passing Off Rights Trump Registration Rights: Delhi High Court A Minor Procedural Delay Should Not Disqualify Advances as Export Credit When Exports Are Fulfilled on Time: Bombay HC Preventive Detention Must Be Based on Relevant and Proximate Material: J&K High Court Terrorism Stems From Hateful Thoughts, Not Physical Abilities: Madhya Pradesh High Court Denies Bail of Alleged ISIS Conspiracy Forwarding Offensive Content Equals Liability: Madras High Court Upholds Conviction for Derogatory Social Media Post Against Women Journalists Investigation by Trap Leader Prejudiced the Case: Rajasthan High Court Quashes Conviction in PC Case VAT | Notice Issued Beyond Limitation Period Cannot Reopen Assessment: Kerala High Court Fishing Inquiry Not Permissible Under Section 91, Cr.P.C.: High Court Quashes Trial Court’s Order Directing CBI to Produce Unrelied Statements and Case Diary Vague and Omnibus Allegations Cannot Sustain Criminal Prosecution in Matrimonial Disputes: Calcutta High Court High Court Emphasizes Assessee’s Burden of Proof in Unexplained Cash Deposits Case Effective, efficient, and expeditious alternative remedies have been provided by the statute: High Court Dismisses Petition for New Commercial Electricity Connection Maintenance Must Reflect Financial Realities and Social Standards: Madhya Pradesh High Court Upholds Interim Maintenance in Domestic Violence Land Classified as Agricultural Not Automatically Exempt from SARFAESI Proceedings: High Court Permissive Use Cannot Ripen into Right of Prescriptive Easement: Kerala High Court High Court Slams Procedural Delays, Orders FSL Report in Assault Case to Prevent Miscarriage of Justice Petitioner Did Not Endorse Part-Payments on Cheque; Section 138 NI Act Not Attracted: Madras High Court Minority Christian Schools Not Bound by Rules of 2018; Disciplinary Proceedings Can Continue: High Court of Calcutta Lack of Independent Witnesses Undermines Prosecution: Madras High Court Reaffirms Acquittal in SCST Case Proceedings Before Tribunal Are Summary in Nature and It Need Not Be Conducted Like Civil Suits: Kerala High Court Affirms Award in Accident Claim Affidavit Not Sufficient to Transfer Title Punjab and Haryana High Court

Manufacturing and Selling of Olaparib by Natco Constitutes Infringement: Delhi HC Grants Injunction Upholding Kudos Pharmaceuticals’ Patent Rights

07 May 2024 8:19 AM

By: Admin

The Delhi High Court, in a landmark judgment, has upheld the patent rights of Kudos Pharmaceuticals Limited, restraining Natco Pharma Limited from the manufacture and sale of the cancer drug Olaparib. The court’s decision addresses vital aspects of patent law, reinforcing the protection granted to patented innovations in the pharmaceutical sector.

  1. Patent Infringement Established: The judgment pronounced that Natco’s activities related to Olaparib constituted a clear infringement of Kudos’ suit patent IN’720, emphasizing the patent’s long-standing validity without opposition for 19 years.
  2. Examination of Validity Challenge: The court meticulously examined Natco’s arguments against the patent’s validity, focusing on inventive step and anticipation arguments. The ruling articulated that these challenges lacked the necessary credibility.
  3. Court’s Decision: The Delhi High Court awarded an interlocutory injunction favoring Kudos, thereby preventing Natco from engaging in activities involving Olaparib. Concurrently, Natco’s counterclaim seeking an injunction against Kudos was dismissed.
  4. Legal Precedents and Principles: The decision elaborated on critical principles under Sections 64, 3(d), and 8 of the Patents Act. It highlighted the stringent criteria for mounting a credible challenge to the validity of a patent, distinguishing between patent coverage and actual disclosure.

Observations from the Court: Justice C. Hari Shankar noted, “The lack of opposition through the patent’s life span and the failure of the defendant to initiate any proceedings challenging the patent illustrate the strength and legitimacy of the patent holder’s rights.”

This ruling is a significant triumph for Kudos Pharmaceuticals, reinforcing the company’s patent on Olaparib. It sets a crucial precedent regarding the requirements for successfully challenging the validity of a patent.

Date of Decision: March 1, 2024

Kudos Pharmaceuticals Limited & Ors. Vs. Natco Pharma Limited

Similar News

  • by Admin
    07 May 2024 2:49 AM
Income tax returns not a foolproof defence against a charge of acquisition of assets disproportionate under the PC – SC
  • by Admin
    07 May 2024 2:49 AM
There could be no question of being permitted to reinstate after acceptance of the resignation.-SC
  • by Admin
    07 May 2024 2:49 AM
Appeal filed by Adani Gas Ltd seeking authorisation for city gas distribution network in three areas of Ahmedabad District in Gujarat with a cost of Rupees 10 lakhs. SC
  • by Admin
    07 May 2024 2:49 AM
Forcing to DNA test is violation of violate his personal liberty and right to privacy. – SC
  • by Admin
    07 May 2024 2:49 AM
Not interfere with the findings of fact recorded after appreciation of evidence merely because the High Court thought that another view would be a better view U/S 100 C.P.C - SC