Author name: Yogesh Byadwal

Yogesh is an analyst at SpicyIP. He secured the first prize in Shamnad Basheer Essay Competition (2025 edition). He is a Final year law student enrolled in the B.A., LL.B.(Hons.) at National Law School of India University, Bengaluru. (mail: [email protected])

ER Squibb to map Zydus’s product: Does this mean closure?

/ By / Patent

There has been another development in ER Squibb v Zydus, at the center of which is Nivolumab, an anti-cancer drug. Readers will remember that on 12th January 2025, a division bench of the Delhi HC had allowed Zydus to launch their biosimilar product, ZRC-3276, in the market.(here) The bench had refused to grant an interim injunction against Zydus’s launch because the Patentee had not mapped the product against their claims. As a result, the Court held, it could not arrive at a […]

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SC to decide CCI’s Jurisdiction over abuse of Patent Rights

/ By / Competition Law, Patent

Can CCI decide whether a patentee, in exercising his exclusive rights under the Patent Act, has violated the provisions of Competition Act, 2002? Readers of this blog must be aware how hotly contested this question is (here, here, here, here and here). From initially holding that CCI does have jurisdiction to investigate, a DHC DB had ultimately ousted CCI’s power to investigate abuse of patent rights. Last year, disposing of a SLP against the DB judgement, the SC had refused to decide the above issue since the parties had reached a

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Biosimilarity is not Infringement- Full Stop

/ By / Patent

On Monday, a DB of the DHC allowed Zydus to manufacture and market a biosimilar of the drug Nivolumab, marketed as Opdivo. The DB order is well-reasoned, providing a clear demarcation between infringement analysis and biosimilarity. Nivolumab, which is at the centre of the controversy, is an anti-cancer medication which increases the ability of the immune system to kill cancer cells.(here) I have previously explain how this drug works here. The EMA website states that Opdivo has “has been shown to benefit patients

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DPIIT Working Report: Lawful Access while ignoring Copyright Law

/ By / Copyright, Others

When I was reading the DPIIT working paper on AI & Copyright, my mind instantly went back to Bartz v Anthropic. To be specific, I recalled the following lines from the judgement- “The downloaded pirated copies used to build a central library were not justified by a fair use.” As Ed Lee explained here, Bartz did not consider it relevant whether the pirated copies would be used for transformative use. The fact that a central library was built using pirated books disqualified Anthropic from using fair use as a defence.

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Part II- Disentangling Infringement and Disclosure in Novo: Should we continue to Celebrate Novartis? 

/ By / Patent

Part II of the Novo v. Dr. Reddy judgement will shift the spotlight to prior claiming under sec. 64(1)(a). The inspiration to write this post came from a 2013 guest post by Darren Smyth, who was kind enough to have an hour long discussion with me on his post. The comments on that post, itself, are a trove of treasure with a long back-and-forth between Smyth and Prof. Basheer.  In that post, Smyth, criticizing the Novartis v. UOI ruling, made a crucial point – “What

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Part I- Novo v. Dr. Reddy: Clear the Way or Else Block The Way

/ By / Patent

Novo Nordisk v. Dr. Reddy was a dispute over the drug ‘semaglutide’, also marketed as Ozempic. In September 2025, WHO included semaglutide in the essential medicine list for treatment of type-2 diabetes. The patent over this drug is registered with Novo Nordisk which is yet to launch Ozempic in India. Although the Court upheld prima facie invalidityof Novo’s patent over semaglutide, it has, curiously, declined to allow the Defendant to sell the drug in India. Expectedly, Novo has rushed to launch the Ozempic in India this

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DHC’s First: Does a Species (Automatically) Anticipate Genus?

/ By / Patent

Since Novartis v. UOI (2013), a growing litany of cases relating to genus-species patent have been decided by various HCs of the country. Post Novartis, a consistent (and contentious) issue has been whether a later species patent stood disclosed and, thus, priorly claimed in the prior genus patent u/s. 64(1)(a). However, the recent decision of the DHC in FMC Corporation v. Natco raises the inverse issue- does a prior species patent anticipate a later genus patent u/s. 64(1)(a)? This question, in my research, has not been previously decided by Indian Courts.  Facts Unlike previous genus-species

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IUCIPRS Panel Discussion: Implications of Data Exclusivity on Access to Medicines and the Pharmaceutical Industry

/ By / Patent

Inter-University Centre for IPR Studies (IUCIPRS), CUSAT is organising a hybrid webinar on “Panel Discussion on the Implications of Data Exclusivity on Access to Medicines and the Pharmaceutical Industry” on December 1, 2025, at IUCIPRS and via Google Meet virtual room. The Moderator for the session will be Mr. Gopakumar K. M., and the Panelists will be Prof. (Dr.) Biswajit Dhar and Ms. Chetali Rao.   Details of the Press Release are below: Background of the Panel Discussion Data exclusivity

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Novenco v. Xero: Do IP Cases Get a Free Pass to Bypass Sec 12-A? 

/ By / Design, Overlaps in IP, Patent, Trademark

The recent decision of the SC in Novenco Building and Industry v. Xero Energy Engineering seems to have been well taken. Comments online have showered praised over the decision for striking the right balance between procedural lapse and substantive justice. Writing on this blog for over 2 years now, I have learnt one important lesson- the outcome must never shift one’s focus away from the reasoning.  To gauge how much off the mark reasoning in this judgement was, please read this- “the public

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Justice Prathiba M. Singh appointed Chair of WIPO’s ABJ!

/ By / Others

On 20th October, Justice Prathiba M. Singh of the Delhi High Court was appointed as the Chair of the 10-member Advisory Board of Judges (‘ABJ’) of the World Intellectual Property Organization(‘WIPO’). Justice Singh’s tenure is supposed to last for two years (2025-27) where she will be serving as in her personal capacity and not as a representative of India.  According to WIPO website, the ABJ plays a key role in advising and guiding WIPO’s Judicial Institute. It is not an adjudicatory body bur rather an advisory body to help WIPO in building consistency and

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