Case Number: CS(COMM) 229/2019 & I.A. 10756/2024 Bench: Hon’ble Ms. Justice Mini Pushkarna BACKGROUND The plaintiffs in the present matter are Novartis AG and another. The defendant is Natco Pharma Limited. The underlying suit, CS(COMM) 229/2019, was filed by the plaintiffs seeking a permanent injunction restraining infringement of Indian Patent No. 276026 (referred to as […]
High Court of Judicature at Bombay (Commercial Division) | Decided: 27 February 2026 Commercial Miscellaneous Petition No. 72 of 2025 Bench: Hon’ble Mr. Justice Arif S. Doctor Citation: 2026:BHC-OS:5637 Background AIC246 AG & Co. KG, the petitioner, is a company that filed Patent Application No. 201627001750 on 21 March 2016 for an invention titled “Combinations
AIC246 AG & Co. KG v. The Patent Office of India & Others Read More »
The story of Standard Essential Patents in India is, at its core, a story about two competing ideas: the right of an inventor to profit from a technology that the entire world has come to depend on and the right of every device manufacturer, service provider and ultimately every consumer to access that technology on
India’s integration into global trade and manufacturing supply chains has brought with it a sharp increase in the cross-border movement of goods including goods that infringe intellectual property rights. While the narrative around IP enforcement at the border has historically centred on trademarks and copyrights, the enforcement of patent rights at Indian ports of entry
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Patent litigation is as much a battle of speed and strategy as it is one of legal argument. An infringer who receives advance notice of impending legal action has every incentive and often every means to destroy evidence, conceal infringing goods or dissipate assets before the plaintiff can secure relief. The law, recognising this vulnerability,
Anton Piller Orders and Mareva Injunctions in Indian Patent Litigation Read More »
Intellectual property litigation in India has undergone a transformation of considerable significance over the past decade and nowhere is this transformation more visible than in the conduct of patent suits. The enactment of the Commercial Courts Act, 2015, the establishment of specialised intellectual property divisions in the High Courts, the introduction of case management procedures
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The enforcement of a patent right is only as meaningful as the remedies available when that right is infringed. A patent that cannot be effectively enforced whose violation attracts only nominal consequences or whose vindication requires years of inconclusive litigation provides little real protection to the inventor and little genuine deterrence to would-be infringers. Conversely,
Remedies for Patent Infringement – Injunctions, Damages and Accounts of Profits Read More »
Patent infringement litigation in India, as in every major patent jurisdiction, is rarely a simple contest between an unimpeachable patent and an undeniable act of infringement. The defendant in a patent infringement suit has available to it a range of defences statutory, equitable and procedural that can defeat or substantially limit the plaintiff’s claim even
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High Court of Delhi at New Delhi | Decided: 30 March 2016 W.P.(C) No. 464/2014 & W.P.(C) No. 1006/2014 Bench: Hon’ble Mr. Justice Vibhu Bakhru Background Telefonaktiebolaget LM Ericsson (Publ), a company incorporated under the laws of Sweden and one of the world’s largest telecommunications companies, filed two writ petitions challenging orders passed by the
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A patent, at its core, is a bargain between the inventor and the state. The inventor discloses the invention to the public in full; the state, in return, grants a limited monopoly for twenty years. The value of that monopoly depends entirely on how effectively it can be enforced. An unenforceable patent right is no