- Court
- Delhi High Court
- Date of judgment
- Judge
- C. Hari Shankar
- Outcome
- Dismissed
Headnote
Division Bench declined to interfere with the refusal of an interim injunction over Risdiplam. A defendant resisting injunction need only raise a credible challenge to validity under section 107 read with section 64, and is not required to make out a cast iron case; where the Single Judge finds such a challenge established, an appellate court should step back unless the challenge is not credible or incorrect principles were applied, following Wander. The Bench held the Single Judge had correctly found the species patent prima facie obvious over the genus patent on four grounds: four lead inventors were common to both; the genus patent provided for various fused ring heterocycles with nitrogen placed at different positions in the same ring; the imidazo[1,2-b]pyridazinyl substitution was specifically disclosed; and N and CH fall in the same vertical column under Grimm's Hydride Displacement Law.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.