Tag Archives: Bayer v. Cipla

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SpicyIP Review (7th to 20th December, 2014)


The period with Xiaomi’s injunction, appeal and Bayer’s SLP It is only fitting that I begin a Review of this eventful period with the highlights. Gopika reported on what is our first highlight, the ex-parte injunction granted against Xiaomi in a suit filed by Ericsson for alleged infringement of their SEP portfolio. Gopika points out that there are reasons why restraint from granting an injunction in this matter would have perhaps been a better course. Xiaomi had also appealed the…


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IPAB dismisses Bayer’s appeal against compulsory license


The Intellectual Property Appellate Board (IPAB) has rejected a petition of Bayer Corp., seeking a stay on an order of the Controller, granting compulsory licence to Natco Pharma Ltd., for Nexavar, a drug (Sorafenib Tosylate) to treat renal cell and hepato-cellular carcinoma (cancer).  Shamnad had earlier blogged about the grant of the compulsory license here and here.  A copy of the judgment is available here.   The judgment is penned by none other than Justice Prabha Sridevan, with technical member: DPS…


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Guest Post: Taking a closer look at the Nexavar litigation


In April last year we had carried our first post on the Bayer-Cipla litigation. This particular lawsuit was unique because Justice Bhat had fast-tracked the case with some unique innovations. While we have covered the progress in the litigation we have not really covered the arguments being put forth by both the parties to this litigation. In this post, Ms. Taapsi Johri, an experience patent lawyer, who has represented several originator pharmaceutical companies, has written us this in-depth analysis of…


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Tracking the litigation around Bayer’s Nexavar patent in India


For the last year or so, Bayer has been defending its Indian Patent No. 215758 for ‘sorafenib’, which is marketed under the brand name Nexavar and is targeted at patients suffering from liver and kidney cancers. (Image from here) As we had reported in April last year, Bayer had sued Cipla for patent infringement, while Cipla counter-sued for revocation of the patent on grounds of invalidity and suppression of vital Section 8 information. Earlier this year, Bayer sued NATCO before…


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Delhi High Court to hear the ‘Nexavar’ patent infringement suit tomorrow


Bayer’s patent infringement suit against Cipla, for the Nexavar patent is now slated for a hearing tomorrow the 23rd of March, 2011 before the Delhi High Court. Regretably Justice Ravindra Bhat will, in all probability, not be hearing the matter any longer as he has been shifted to a Division Bench deciding criminal appeals. Justice Bhat was the person responsible for putting this litigation on a fast-track. As blogged by us earlier, the Court had already framed the issues in…


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Justice Ravindra Bhat frames ‘issues’ in Nexavar patent infringement dispute before the Delhi High Court;


As reported by us earlier Justice Ravindra Bhat of the Delhi High Court has managed to convince both Bayer and Cipla to expedite the Nexaver patent infringement suit directly to trial without hearing arguments on the interim injunction application. On the last date of hearing i.e. 16th November, 2010 the Court framed the ‘issues’ to be decided during the trial. In order to put things in perspective I should point out that in the normal course of events it would…


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Breaking News: Supreme Court dismisses (Bayer) Patent Linkage Appeal


This afternoon, a Supreme Court bench consisting of Justices Aftab Alam and RM Lodha dismissed the Special Leave Petition (SLP) filed by Bayer in the patent linkage matter. It’s a huge surprise that this matter reached the Supreme Court at all, when the point of law (whether or not Indian law permits patent linkage) seemed as crystal clear as Swarovski’s elegant offerings. Indian law simply does not permit patent linkage i.e. the DCGI does not have the legal or institutional…


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Drug Regulation

Spicy IP Tidbit: Health Ministry set to resolve Patent Linkage Question for Drug Marketing Approval Once and for All


For the Indian pharmaceutical industry, it may seem that Christmas has arrived a little bit early this season. The industry has always relied heavily on the marketing of generic drugs since its inception. Its job was not made easier by the governmental requirement for the patent status of a generic drug to be disclosed before it could be granted marketing approval. When an application is made by a medical company to the Drug Controller General of India (DCGI) for such…


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‘Tis the season for migrations – Remfry & Sagar loses key partners to Lakshmi Kumaran & Sridharan


In an interesting turn of events, both, MIP & Legally India have reported that, Delhi Based IP firm, Lakshmi Kumaran & Sridharan, have poached two key partners from IP giant – Remfry and Sagar. The two partners are Mr. Sanjay Kumar, Head of Patents at Remfry & Sagar for over 13 years & Ms. Arpita Sawhney, Litigation Partner at Remfry & Sagar for over 5 years. Lakshmi Kumaran & Sridharan is a combined Tax & IP firm which is currently…


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Update on Bayer-Cipla patent infringement suit: Nexavar patent infringement suit before the Delhi High Court goes directly to trial


In a significant departure from the standard practice in Indian patent trials, Justice Ravinder Bhat, who is presiding over the Nexavar patent infringement suit filed by Bayer against Cipla, has ordered, on the 23rd of July, 2010, that the suit be expedited directly to trial. We had previously blogged on this case over here. In the normal course of events the Court would have first disposed the interim injunction application after which the matter would be directed to trial. This…


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