Patent

Interim injunctions: Investigating the Symed ‘linezolid’ saga – Part III


The test for interim injunctions involves 4 prongs. In Part I and Part II of this series I have examined the first three prongs of prima facie case, irreparable loss and balance of convenience. In this post I look at the final prong – public interest. The UK only follows a tripartite test that does not include a separate public interest standard. Rather, public interest is included in the balance of convenience analysis. US courts, however, include an independent public…


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Patent

Interim injunctions: Investigating the Symed ‘linezolid’ saga – Part II


In Part I of this post, I used the Symed linezolid case study to analyse the contentiousness of establishing a prima facie case in interim injunction applications. I highlighted both the complexity of the question and the uncritical analysis that accompanied the injunction award in those instances. In this post I look at the next two limbs of the interim injunction test to see how well the judges fared on this analysis. Irreparable injury For the grant of an interim injunction it…


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Patent

Interim injunctions: Investigating the Symed ‘linezolid’ saga – Part I


With the functioning of Indian courts in the limelight this month, it’s an opportune time to ask some tough questions about how IP cases play out in our system. We have consistently blogged (here, here, here and here) about the unsuitability of interim injunctions in patent infringement cases, given the complex questions of claim construction and validity. In this post, I look at the case of Symed v. Sharon Bio-Medicine and Ors. to demonstrate just how damaging an interim injunction can be to the integrity of the patent…


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Patent

Opposition to Sugen’s Lung Cancer Drug Patent Withdrawn


Sugen Inc. has sidestepped a post grant opposition to its lung cancer drug Xalkori (crizotinib) after what seems like a settlement with opponent Fresenius Kabi Oncology Ltd. Also engaged in the development and manufacture of cancer drugs, Fresenius Kabi filed two post grant oppositions to Sugen’s Xalkori patent in 2012 on multiple grounds. On 29th April, 2015, the Controller issued a decision allowing Fresenius Kabi’s request for withdrawal of their oppositions. It is unclear how and why this withdrawal came about, with…


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Copyright Others Overlaps in IP

Shreya Singal v. Union of India: Part II – Copyright Infringement and Intermediary Liability


While the Supreme Court in Shreya Singhal struck down Section 66A for unconstitutionality (See earlier post: Shreya Singhal v. Union of India: Part I – Overbreadth, chilling effect and permissible restrictions on speech), it upheld Section 79 on intermediary liability, albeit, after reading it down to drastically narrow its applicability. Interestingly, despite its wide repercussions for free speech, the only party to have filed a separate writ challenging this Section’s constitutionality was the Internet and Mobile Association of India (IAMAI),…


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Copyright Others

Shreya Singhal v. Union of India: Part I – Overbreadth, chilling effect and permissible restrictions on speech


The Supreme Court this week sparked off celebrations across the internet with its decision in Shreya Singhal v. Union of India striking down draconian Section 66A of the Information Technology Act, 2000. Widely criticised for overbreadth, vagueness and its chilling effect on speech, the Section has been notoriously invoked to target statements made by ordinary citizens in, at best, lukewarm criticism of prominent political leaders. The decision has free speech activists excited for several reasons. It brings clarity and coherence to our free speech jurisprudence…


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Patent

DHC awards injunction against Glenmark’s manufacture of Symed’s linezolid


On 19th January, 2015, Hyderbad based Symed Labs won an interim injunction against Glenmark Pharmaceuticals’ manufacture of the drug ‘linezolid’, an anti-bacterial drug used for the treatment of pneumonia, among other infections, by way of the suit patented process. This order from the Delhi High Court makes Glenmark the fifth pharmaceutical company to be injuncted from selling the drug. Previous injuctions were awarded in two earlier suits against Optimus Pharma Pvt. Ltd., Alkem Laboratories Limited (Symed has now entered into…


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Events

Travelling Fellowship Award – ITechLaw [Deadline extended – 5th Jan]


ITechLaw is inviting applications for their travelling fellowship award for lawyers with a minimum of three years work experience in ICT law to work with six renowned law firms in Europe. It looks like a fantastic opportunity, don’t miss the 5th January, 2015 deadline [edited]!! Here are some details about the program: “In honor of the host country of the 2015 International India Conference, the International Technology Law Association (ITechLaw), with the assistance and support of sponsoring law firms, will…


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Others

Call for Papers – NLIU Journal of Intellectual Property Law


The NLIU Journal of Intellectual Property Law has released a call for papers for it’s 4th edition: “The Cell for Studies in Intellectual Property Rights, National Law Institute University, Bhopal is pleased to announce the call for papers for the fourth issue of its journal: NLIU Journal of Intellectual Property Law. The journal, published annually, is a student run, faculty regulated, peer reviewed law journal. It aims to create meaningful debate and discourse to help build a fair and equitable regime of Intellectual…


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Patent

Breaking News!! SC dismisses Bayer’s SLP against India’s first CL


And India’s first compulsory license survives the entire journey through the Indian legal system! The Supreme Court today dismissed Bayer’s Special Leave Petition against the decision of the Bombay High Court upholding the grant of a compulsory license for Bayer’s anticancer drug Nexavar. This represents a hat trick for Natco, who have won all three appeals at the IPAB stage, High Court stage and now, the SC. Here is the text of the SC order: UPON hearing the counsel the…


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