IP Case Digest · Patents

Fmc Corporation & Ors. v. Natco Pharma Limited, CS(COMM) 607/2024

Case number
CS(COMM) 607/2024
Date of judgment
Judge
Mini Pushkarna
Outcome
Injunction refused

Headnote

Interim injunction refused in a quia timet action under sections 48 and 108. The plaintiffs failed to make out a prima facie case, and the balance of convenience and irreparable harm did not favour them. The Court was persuaded that damages, if proved at trial, would be compensable: the plaintiffs appeared to have licensed their rights to two entities whose packaging indicated as much, though the agreements were not placed on record, and they were importing the drug into India, so they were monetising the invention.

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