been originally granted. The dispute relates to a
Markush structure and to Ceritinib, claimed as Claims 1 , 4 and 5 in
the suit patent ... allege that the defendant Natco Pharma
Limited (Natco), by manufacturing and selling Ceritinib tablets in the
CS(COMM) 229/2019 Page 1 of 96
Signature
suit patent claim a compound
bearing the IUPAC name Ceritinib. Claim 1 claims a Markush
formula on which, by effecting suggested select substitutions ... possible to arrive at Ceritinib, which is claimed as Claim 4 in the suit
patent. Ceritinib is specifically exemplified as Example 7 in the
complete
been granted the suit patent for a novel
and inventive compound Ceritinib which is a drug meant for treatment of
non-small cell lung cancer ... Natco Pharma's product,
which is marketed under the mark NOXALK (Ceritinib)
was granted to the Defendant in January, 2019, i.e.
after
justify a revisitation of the order of interim injunction.
Re. plea of Ceritinib becoming available in the public domain consequent
on refusal of Divisional Application ... submission that, with the refusal of the Divisional Application,
Ceritinib became available for exploitation in the public domain, too,
cannot be accepted. The "refusal
fresh manufacturing of pharmaceutical
preparations comprising of the active pharmaceutical ingredient (API)
„Ceritinib‟ till the next date".
5. On the next date of hearing ... fresh
manufacturing of pharmaceutical preparations comprising of
the API 'Ceritinib', as directed vide order dated 2nd May, 2019,
stands suspended.
9. The Plaintiffs
Novo Nordisk As vs Dr. Reddys Laboratories Limited & Anr on 2 December, 2025
Author
which the
patent granted to it in respect of the drug `Ceritinib' was challenged before
the Intellectual Property Appellate Board (hereinafter, "IPAB
passed in favour of respondent No.3 restraining the petitioner from
manufacturing, ceritinib till the next date of hearing.
4. Subsequently, on 06.08.2019, the Controller
