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To Grant or Not to Grant Interim Injunction- Conflicting decisions by co-ordinate Benches of same High Court in pharmaceutical patent infringement suits
By Vindhya. S. Mani
Two co-ordinate Single Judge Benches of the Delhi High Court have recently arrived at opposing conclusions as to whether to grant interim injunction or not in favour of the Plaintiffs/Patentee in a batch of patent infringement suits in relation to a pharmaceutical composition. Analysing the two decisions threadbare, the author states that the question as to what constitutes “Coverage” and “Disclosure” in the context of genus and species patent is still uncertain, and that the determination of the distinction between these two terms, which is the core of the instant patent infringement suits, will most likely be for most pharmaceutical product inventions. According to the author, even the issue as to what constitutes credible challenge to the validity of the suit patent to warrant denial of interim injunction, is very subjective. The author in this regard also highlights another recent decision of the Court which also hinges on genus vs. species patent disclosure and coverage, disclosures in Form 27 and admissions in corresponding foreign litigations…
Ratio decidendi
Trademarks - Distinctiveness in use of descriptive word in particular colour and font combination – Calcutta High Court
Trademarks - BOULT is phonetically and deceptively similar to BOAT – Delhi High Court
Lack of clarity and precision of terms designating goods and services cannot be ground of invalidity of registered trademark – Court of Justice of the European Union
Patents – No stay of infringement suit even if specific relief suit filed by defendant before city civil court – Delhi High Court
No patent in computer program when features already anticipated in existing software – Controller of Patents, New Delhi
News Nuggets
Obviousness in inventions – Delhi High Court sums up principles
“True Scotch” – IPAB allows appeal against rejection of registration of mark
Affidavit of admission/denial as applicable to Commercial Courts, is not compulsory in District Courts
Defamation and disparagement – Interim Order of Single Bench asking youtuber to take down video, stayed
