Latest Patent Cases in 2021 – Part 2

Merck Sharp And Dohme Corp & Anr vs Yms Laboratories Private Limited

In this case, the plaintiff, owner of patents pertaining to Sitagliptin and its derivative salts, filed an infringement suit against the defendant. The plaintiff prayed for an Ad Interim Injunction during the pendency of the suit. After reviewing the facts presented, the Court granted an Exparte Ad Interim Injunction as the plaintiff made out a prima facie case. The plaintiff in the case submitted evidence to show that the defendant was planning to launch an infringing product under the brand ‘Stallip – m,’
which enabled it to get the Exparte injunction.

Citation: Merck Sharp And Dohme Corp & Anr vs Yms Laboratories Private Limited, Decided by Delhi High Court on 31 May, 2021, available at: https://indiankanoon.org/doc/56196795/?type=print.

Fmc Corporation & Anr. vs Natco Pharma Limited

The patent holder (plaintiff) in this case held two patents covering the product and process to make Chlorantraniliprole (“CTPR”), an insecticide.
The patents were species patents that were claimed in markush claims of an expired patent that covered several species along with the patents in question. When the plaintiff filed this suit for patent infringement of its CTPR patents, the defendant countered that the patents are invalid because they were covered in a prior patent. In response, the plaintiff argued that though the species were covered, they did not form part of the patent disclosure.

In this particular order, the Court dealt with an application filed by the defendant to permit launch of its products pending the suit and applications for interim injunctions. After hearing the parties, the Court came to the conclusion that such a permission may not be granted taking into consideration the fact that damages from patent infringement are not always calculable. It also pointed out that non-disclosure in a prior patent not be fatal to subsequent patents though they are covered in the earlier patent.
The Court in the case also did not see the need to permit the sale of the products in furtherance of public interest.

Citation:Fmc Corporation & Anr. vs Natco Pharma Limited, Decided by the Delhi High Court on 19 May, 2021, available at: https://indiankanoon.org/doc/95815021/.

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Source: https://www.bananaip.com/ip-news-center/latest-patent-cases-in-2021-part-2/