High Court of Delhi | Division Bench | 11 July 2025 Case Number: FAO (COMM) 114/2024, CM APPL. 34224/2024 & CM APPL. 34226/2024 Bench: Hon’ble Mr. Justice C. Hari Shankar and Hon’ble Mr. Justice Ajay Digpaul BACKGROUND The appellant, Mold Tek Packaging Limited, was the plaintiff in CS (Comm) 668/2023, instituted before the learned District […]
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Divisional Patent Application in India Section 16, Unity of Invention and the Post- Boehringer and Syngenta Legal Landscape Among the more technically demanding areas of Indian patent prosecution, divisional applications occupy a position of outsized practical importance. The ability to divide a patent application to carve out one or more inventions embedded in a parent
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Biologics occupy a peculiar and increasingly central place in modern medicine large, complex molecules manufactured through living cell systems rather than chemical synthesis, used to treat cancer, autoimmune disease and a growing list of conditions for which no small-molecule alternative exists. As the patents covering the first generation of blockbuster biologics Herceptin, Avastin, Rituxan, Humira
High Court of Delhi | 12 March 2026, Case Number: C.A. (COMM.IPD-PAT) 3/2025 & I.A. 3472/2025 Bench: Hon’ble Ms. Justice Jyoti Singh BACKGROUND The appellant, Indigenous Energy Storage Technologies Pvt. Ltd., is a company specialising in sustainable energy storage solutions, particularly sodium-ion battery technology, with a focus on transforming agricultural and bio-waste such as cattle
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
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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Delhi High Court | Dr. M.K. Sharma J. | 26 May 1999 Case Number: Suit No. 2391/1998 | Citation: AIR 2000 Delhi 23 | 80 (1999) DLT 56 | 1999 IV AD (Delhi) 613 BACKGROUND The plaintiff, Standipack Private Limited, claimed to be the patentee of a pouch designed for storage and dispensing of liquids
Standipack Private Limited & Another v. M/s Oswal Trading Co. Ltd. & Ors. Read More »
Among the most practically significant yet doctrinally complex provisions of the Patents Act, 1970 is Section 107A, inserted into the Act by the Patents (Amendment) Act, 2002. In the two decades since its insertion, Section 107A has become one of the most contested and commercially consequential provisions in Indian pharmaceutical patent law, engaging questions that
Novelty is the first and most fundamental criterion for patentability under Indian patent law. Before any question of inventive step, industrial applicability or statutory exclusion arises, the threshold question is always the same – is the invention new? If it is not, the inquiry ends there. No amount of technical sophistication, commercial significance or inventive
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Patent infringement litigation in India is no longer rare or exceptional. Over the last decade, particularly in pharmaceuticals, telecommunications, mechanical engineering and emerging technology sectors, Indian courts have increasingly engaged with complex patent disputes. The Patents Act, 1970 provides the statutory foundation, but the real texture of infringement law emerges in how courts interpret claims,
Patent Infringement in India: Law, Remedies and Litigation Practice Read More »