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Continue reading →: DHC reinstates the agreement between Monsanto Inc and Nuziveedu Seeds
Justice R. K. Gauba of the Delhi high court (DHC) by an order dated 28th March 2017 ruled that Monsanto Technology LLC’s termination of its sub- licence agreement with Nuziveedu Seeds Ltd was illegal and arbitrary. DHC has reinstated the agreement, however, the trait fee to be paid to the…
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Continue reading →: DHC reinstates the agreement between Monsanto Inc and Nuziveedu Seeds
Monsanto Inc, sued Nuziveedu Seeds and its subsidiaries for continuing to sell cotton seeds using its patented technology despite termination of its sub-licence agreement in December 2015. Justice R. K. Gauba of the Delhi high court (DHC) by an order dated 28th March 2017 ruled that Monsanto Technology LLC’s termination…
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Continue reading →: DHC maintains the injunction on Cipla for Onbrez
The Delhi High Court (DHC) by its decision dated 9th March 2017 continues to bar Cipla Ltd from selling copies of Novartis AG’s drug Onbrez in India. The entire controversy is respect of Indacaterol, which Novartis holds a patent for. Novartis markets Indacaterol under the name Onbrez. Indacaterol is a bronchodilator…
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Continue reading →: DHC maintains the injuction on Cipla For Onbrez
The Delhi High Court (DHC) by its decision continues to bar Cipla Ltd from selling copies of Novartis AG’s drug Onbrez in India. An appeal was filed by Cipla against an order passed by Justice Manmohan Singh in January 2015 which restrained Cipla from selling copies of Onbrez (indacaterol). In the Appeal, the…
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Continue reading →: Export within ambit of Bolar exemption
Justice Endlaw, today, pronounced the Judgment (Bayer v UOI & Bayer v Alembic order) in the Bayer Intellectual Property GmbH Vs. Alembic Pharmaceuticals Ltd. and Bayer Intellectual Property GmbH Vs. UOI (Natco Pharma Ltd.) cases relating to Section 107A of the Indian Patents Act (Bolar Exemption). The question for adjudication in both…
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Continue reading →: Trastuzumab “can” be sold as a bio similar to Roche’s Trastuzumab
The division bench of the Delhi High Court, of Badar Durrez Ahmed and Sanjiv Sachdeva, has permitted Biocon and Mylan to use Roche’s product data for Trastuzumab. Roche had challenged the approval mechanism adopted by the central drug standards controller (CDSCO) in giving Biocon and Mylan approval for its biosimilar…
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Continue reading →: Writ for Enzalutamide admitted by the DHC
The Regents of University of California, has filed a writ against the order of the Controller refusing the grant of an application filed by them in India, covering the drug product Enzalutamide (Xtandi). On 2nd March 2017 the matter was listed before Hon’ble Mr Justice Sanjeev Sachdeva of the Delhi…
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Continue reading →: Generation of foreign exchange is not in public interest
The plaintiff, Bayer sued BDR Pharmaceuticals for injunction restraining infringement of Product Patent no.IN225529 and Process Patent no. IN188419 and for other reliefs. Bayer asserted that the patents cover vardenafil, a drug used to treat erectile dysfunction. Previously, Bayer sued Ajanta for injunction restraining infringement of the same patents. Justice…
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Continue reading →: Evidence is only a proof of pleadings
Interim applications filed by Defendants, Natco and Dr. Reddy’s Laboratories Ltd. (Dr. Reddy) in respective suits of Infringement filed against them by Hoffman La Roche, averring that a portion of the deposition of the expert affidavit filed on behalf of Hofmann by way of examination-in-chief was beyond the pleadings of Hoffmann has been…
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Continue reading →: B.Braun wins;Eastern Medikit Limited’s design cancelled
Anand and Anand had filed a cancellation petition on behalf of B. Braun Melsungen AG, against registered design 208450, whose proprietor is Eastern Medikit Limited. Design number 208450 relates to a ‘Safety I.V. Cannula’ After two exhaustive hearings on 27th October 2016 and 14th February 2017, the Controller upheld the…
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