Month: August 2024

Introduction On July 9, 2024, in F-Hoffmann-La Roche Ag & Anr v. Zydus Lifesciences Limited [1], the Delhi High Court issued a temporary injunction preventing Zydus Lifesciences from selling its breast cancer drug, Sigrima. This biosimilar of Roche’s Pertuzumab (marketed as Perjeta®) became the center of a patent infringement lawsuit initiated by Roche against Zydus […]

Introduction In a significant ruling on July 30, 2024, in Star Scientific Limited v. The Controller of Patents and Designs, the Delhi High Court overturned the decision of the Controller of Patents and Designs, which had refused the grant of a patent to Star Scientific Limited. The Court held that the mere non-attendance of a […]

Introduction Madras High Court’s recent decision in Genmab A/S v. Assistant Controller of Patents and Designs clarifies the interpretation of Section 3(c) of the Indian Patent Act for synthesized non-living substances, especially monoclonal antibodies. This judgment provides a detailed explanation of why establishing the novelty or the technical advancement of an invention is a must […]

Introduction In a recent judgment dated March 19, 2024, in Genomatica Inc vs Controller of Patents and Designs, the Madras High Court overturned a patent refusal order issued by the Controller in respect of patent application No. 201747013084, in which the Controller had rejected the latest amendments to the pending claims, instead opting to examine […]