Delhi High Court - Orders
Boehringer Ingelheim Pharma Gmbh And Co ... vs The Controller Of Patents & Anr on 30 May, 2023
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C)-IPD 16/2023 & CM 36/2023
BOEHRINGER INGELHEIM PHARMA GMBH AND CO
KG ..... Petitioner
Through: Mr. Sanjay Kumar, Ms. Arpita
Sawhney, Mr. Arun Jana, Ms. Meenal
Khurana, Mr. Harshit Dixit and Mr.
Priyansh Sharma, Advs.
versus
THE CONTROLLER OF PATENTS & ANR. ..... Respondents
Through: Mr. Arnav Kumar, Mr. Gurdas
Khurana and Mr. Prabhakar Yadav, Advs.
Ms. Rajeshwari H. and Praveen Singh,
Advs. for R-2
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 30.05.2023
1. Ms. Rajeshwari, learned Counsel for the Respondent 2 relies on the judgment of a Division Bench of the High Court of Madras in Indian Network for People living with HIV/AIDS v. Union of India 1, in which the locus standi of patients to institute pre grant opposition to the grant of a pharmaceutical patent to an applicant has been upheld, inter alia, on the ground that grant of such patent would compromise affordability of the medicine at reasonable rates to those affected by disease.
2. Ms. Rajeshwari, learned Counsel for Respondent 2 points out that her client is, in fact, a person who is affected by Type 2 Diabetes, which is the ailment that the petitioner's drug seeks to treat and that 1 (2009) 1 LW 41 / 2008 SCC OnLine Mad 892 W.P.(C)-IPD 16/2023 Page 1 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 03:29:26 her client has made a specific submission, in para 28 of the pre grant opposition as filed in the Officer of the Controller General of Patents that grant of a patent to the petitioner would "be a breach of the Right to Health of a large no. of patients with Diabetes who ought to obtain the medicines at competitive, subsidised prices and not monopolistic prices".
3. Mr. Sharma, learned Counsel for the petitioner submits that the case has to be argued by Mr. Ashok Aggarwal, learned Senior Counsel who is not available today.
4. Accordingly, re-notify on 1st June 2023.
5. Interim order(s) to continue till the next date of hearing.
C.HARI SHANKAR, J MAY 30, 2023 ar W.P.(C)-IPD 16/2023 Page 2 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 03:29:26