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IP Case Digest · Patents Act s.25

Section 25, Patents Act: case law

3 judgments of the Calcutta High Court and the Delhi High Court applying Patents Act s.25, from 2024–2025, each with a headnote by BRB Legal.

3judgments
2courts
2024–2025years

UPL Limited v. Union Of India And Ors., WPA-IPD No.3 of 2024

Calcutta High Court · Remanded

Writ allowed and a refusal based on pre-grant opposition set aside, on a point of procedure that recurs in opposition practice. Where the objections raised in the First Examination Report differ from those in the representation under section 25(1), the Controller is obliged to hold two separate hearings, one on the pre-grant opposition and one on the application under examination, and to pass separate orders dealing with each. The Court also held that the Controller erred in failing to consider the applicant's expert affidavit and technical evidence, and that conducting an independent scientific analysis without giving the applicant an opportunity to address it was a serious infirmity and a breach of natural justice.

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

Delhi High Court · Injunction granted

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.

Terex India Private Limited v. CDE Asia Ltd. & Anr., IPDAID 4 of 2024 (Old No. A.I.D. 8 of 2023)

Calcutta High Court · Remanded

Order of the Deputy Controller refusing a post-grant opposition set aside and the matter remanded for fresh consideration from the stage of argument. The Deputy Controller had recorded the submissions of the parties and the contents of their written arguments but assigned no reasons. On procedure, Order XLI Rule 25 CPC does not apply to an appeal under section 117A, because the Controller is not a civil court, following the Delhi High Court Division Bench in Promoshirt, and section 100A is confined to a second appeal against a decree or order of a civil court. There is no mandatory rule that a remand go to the same or a different officer, but where there is a possibility of pre-determination it is proper to send it to a different one.

Other provisions of the Patents Act

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