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1 - 10 of 22 (0.41 seconds)Section 13 in The Patents Act, 1970 [Entire Act]
Section 64 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Novartis Ag vs Union Of India & Ors on 1 April, 2013
"28. The Defendants have contended that the Semaglutide
compound falling under the Suit Patent/IN'697 is not novel since
the same compound is claimed/disclosed under the Genus
Patent/IN'964, and therefore, applying the principle of Novartis
AG v. Union of India, the Plaintiff is barred from appropriating the
Signature Not Verified
same subject matter claimed in the Genus Patent/IN'964 again in
Digitally Signed By:AJIT
KUMAR FAO(OS) (COMM) 204/2025 Page 30 of 34
Signing Date:09.03.2026
16:58:32
the subsequent Suit Patent/IN'697. Therefore, the Suit
Patent/IN'697 is vulnerable to invalidity under Section 64(1)(a) of
the Patents Act. It is contended that claims in the Suit
Patent/IN'697 are not novel as they are anticipated by the claims of
the Genus Patent/IN'964 and therefore, liable for revocation. It is
further contended that the teaching in the Genus Patent/IN'964
sufficiently enables the Semaglutide compound. The Defendants
also rely upon the admissions made by the Plaintiff on the scope of
the claims in Genus Patent/IN'964 in corresponding patent across
various foreign jurisdictions, as well as in Plaintiff's filings before
the Indian Patent Office, wherein the Plaintiff has claimed that the
Semaglutide compound is the only commercial product that has
resulted from both the Genus Patent/IN'964 and the Suit
Patent/IN'697.
Section 107 in The Patents Act, 1970 [Entire Act]
F. Hoffmann-La Roche Ltd, Switzerland ... vs Cipla Ltd., Mumbai Central, Mumbai on 7 September, 2012
27. F. Hoffmann-La Roche Ltd. v. Cipla Ltd.12, postulates the
following five inquisitorial steps which a Court must follow to decide
whether a later patent is "obvious" from prior art:
Section 12 in The Patents Act, 1970 [Entire Act]
Wander Ltd. And Anr. vs Antox India P. Ltd. on 26 April, 1990
11. We sincerely feel that, in such cases, the Court must, apart from
addressing itself to the merits of the matter, also consider whether,
applying the principles of balance of convenience and irreparable loss,
it should interfere. This is especially so as, in Wander Ltd v. Antox
(India) Pvt Ltd2 and Pernod Ricard v. Karanveer Singh Chhabra3,
the Supreme Court has clearly held that such appeals are merely
appeals on principle, and that the appellate Court should not disturb
the findings of the Commercial Court, unless they err on principle.
Pernod Ricard India Private Limited vs Karanveer Singh Chhabra Trading As J.K. ... on 3 November, 2023
11. We sincerely feel that, in such cases, the Court must, apart from
addressing itself to the merits of the matter, also consider whether,
applying the principles of balance of convenience and irreparable loss,
it should interfere. This is especially so as, in Wander Ltd v. Antox
(India) Pvt Ltd2 and Pernod Ricard v. Karanveer Singh Chhabra3,
the Supreme Court has clearly held that such appeals are merely
appeals on principle, and that the appellate Court should not disturb
the findings of the Commercial Court, unless they err on principle.