IP Case Digest · Patents

E. R. Squibb And Sons, Llc & Ors. v. ZYDUS LIFESCIENCES LIMITED, CS(COMM) 376/2024

Case number
CS(COMM) 376/2024
Date of judgment
Judge
Mini Pushkarna
Outcome
Injunction granted

Headnote

Interim injunction granted restraining a biosimilar of Nivolumab during the pendency of the suit. The Court weighed that the patent was valid in fifty countries and had been sustained against challenge in thirty, that it had been granted only after fourteen years, which itself shortened the limited monopoly, that a pre-grant opposition by an association of which the defendant is a member had been rejected, and that the defendant had been under injunction for more than a year and had no manufacturing licence until December 2024.

Read the judgment (PDF)

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.