Category: Pharma/Biotech Patent Litigations

Understanding Gene Patenting

We are sure that all of you must have learned about the latest US Supreme Court decision in Association for Molecular Pathology V. Myriad Genetics on June 13, 2013, which has ended the long brawl of 5 years. Yes! the sole provider of BRCA1 and BRCA 2 tests, Myriad Genetics Inc., has lost the battle. … Continue reading Understanding Gene Patenting

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Generic v. Branded patent battles in India foray into life management diseases too

Patent wars in India between the foreign innovator companies and the Indian generics now seem to be spreading over the life-management diseases segment. Till now the patent infringement cases have revolved and are still revolving over drugs for life-threatening diseases such as HIV, cancer where the public interest has played an important factor in the … Continue reading Generic v. Branded patent battles in India foray into life management diseases too

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Smart Strategizing – Protection by shielding through Patent Evergreening in Pharmaceutical Domain with special reference to Roche v Cipla

Pankaj Mohanta, an intern at Khurana and Khurana talks about patent evergreening in the pharmaceutical domain. Through this post, he gives special emphasis on the recent landmark case of Roche v Cipla, which created quite a stir in the pharmaceutical industry. Needless to say, patent evergreening is that territory which falls in a bit of … Continue reading Smart Strategizing – Protection by shielding through Patent Evergreening in Pharmaceutical Domain with special reference to Roche v Cipla

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Roche v Cipla: Part 2: Infringement

In continuation of the last piece over here, let’s now discuss the actual issue of infringement of IN ‘774 patent by Cipla crisply. My apologies for a long delay in writing this piece due to long travelling schedule and back-to-back heavy projects thereafter. Nevertheless, it is better to be late than never. Here it goes. … Continue reading Roche v Cipla: Part 2: Infringement

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Roche v Cipla: Part 1: Validity of Patent

In continuation of our previous post here, and following the availability of the 275-page judgment, we would discuss herein the various facets of the case and discuss one by one. This case actually involved two main issues as follows, Issue I. Whether Roche’s Indian Patent 196774 is invalid (liable to be revoked under S. 64); … Continue reading Roche v Cipla: Part 1: Validity of Patent

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Cipla won the landmark Roche v Cipla Litigation

Indian Generic manufacturer Cipla has won the landmark Roche v. Cipla Patent Infringement case in the Delhi High Court over Cipla’s Generic version of Anti-cancer Drug Erlotinib. The case is the first Patent Litigation in India post India’s 2005 Product Patent Regime which included public interest and pricing issues in addition to India’s Section 3d … Continue reading Cipla won the landmark Roche v Cipla Litigation

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First Compulsory License Grant in India to Natco

The Controller General of India passed an order of compulsory license (CL) against Bayer’s patent on drug Nexavar on March 09, 2012, which is India’s first compulsory license and is resulting from India’s first CL application filed by Natco last year which was reported and discussed by us here. The grant permits the Nacto to … Continue reading First Compulsory License Grant in India to Natco

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Opposition against Monsanto’s European Patent on a virus resistant Melon Plant variety

Dr. Vandana Shiva, an Indian Environmental Activist has lent her support to “No Patent on Seeds”, a European coalition, in opposing the European Patent EP1962578 granted to Monsanto in May 2011. The Patent claims a melon variety having resistance to Cucurbit Yellow Stunting Disorder Virus (CYSDV) with virus resistance traits taken from melon varieties found … Continue reading Opposition against Monsanto’s European Patent on a virus resistant Melon Plant variety

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How to Best Protect Patents on New Synthetic Processes and Intermediates in United States: Understanding “Material Change” exception

Here I present another Practice Pointer series, useful for Indian API manufacturers (or to that matter for any country) who are innovating and patenting new and economical processes and novel intermediates thereof and want to capitalize on US Market. The Article will discuss the infringement under the United States Process Patent Legislation and judicial decisions … Continue reading How to Best Protect Patents on New Synthetic Processes and Intermediates in United States: Understanding “Material Change” exception

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Cookie “Companies” sued by University and Exclusive Licensee thereof

Infringement suit was filed on September 7th 2011 in Western District of Wisconsin by Brandeis University, USA (Brandeis) along with its exclusive licensee GFA brands (“Plaintiffs”), against a dozen of cookie companies including Nestle USA, Inc., The Pillsbury Company, LLC, Keebler Co., Famous Amos Chocolate Chip Cookie Company, LLC, East Side Ovens, Inc., Murray Biscuit … Continue reading Cookie “Companies” sued by University and Exclusive Licensee thereof

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