On Aug. 20, 2019, High Court of\nDelhi Passed order that \u201cPatent infringement actions are maintainable only in\nrespect of granted and live patents.\u201d<\/p>\n\n\n\n
Plaintiff: Novartis AG & ANR. .
\nDefendant: Natco Pharma Ltd.<\/p>\n\n\n\n
The suit concerns the Plaintiff\u2019s patent number IN 276026 titled ‘Novel Pyrimidine Compounds and Compositions as Protein Kinase Inhibitors\u201d relating Ceritinib drug for treating non-small cell lung cancer.<\/p>\n\n\n\n
On 16th August 2019, in the\npost-grant opposition proceeding, Controller of Patents, passed order that that\nthe suit patent lacks Novelty and the patent has been revoked.<\/p>\n\n\n\n
The Defendant has filed two\napplications \u2013 one under Order VII, Rule 11 CPC and the second one under Order\nXXXIX, Rule 4 CPC seeking dismissal of the present suit and vacation\/suspension\nof the interim injunction operating in the present case on the ground that the\npatent granted in favour of the Plaintiffs has been revoked in the post grant\nopposition proceedings.<\/p>\n\n\n\n
Plaintiff\u2019s Counsel, submits that\nthe order passed in the post grant opposition proceedings has been appealed\nagainst by the Plaintiffs and the same was listed before the Intellectual\nProperty Appellate Board (hereinafter, \u201eIPAB\u201f) on 19th August, 2019. On the\nsaid date, the IPAB has directed that the matter be listed on 21 st August,\n2019 at 2:30 PM. He accordingly requests that no order be passed till 22nd\nAugust, 2019, which is the next date before Court in this matter.<\/p>\n\n\n\n
Court while passing the order\nmentioned that \u201cThough the appeal is\nstated to have been filed by the Plaintiffs immediately after the passing of\nthe order dated 16th August 2019, rights in a CS (COMM) 229\/2019 Page 6 of 6\npatent are only for the life of a patent which remains granted and has not been\nrevoked. The manner in which patent rights operate is that they are merely\nstatutory rights and there are no common law rights in patents. Patent\ninfringement actions are maintainable only in respect of granted and live patents<\/em>.\u201d<\/p>\n\n\n\n The Plaintiffs are, however, granted liberty to seek appropriate orders if any orders are passed in favour of the Plaintiffs by the IPAB.<\/p>\n\n\n\n