commercialize the product
using the process as claimed in IN‟536, Ferric Carboxymaltose in
India;
c) The characteristics of the suit patent are given ... plaintiff No.1 has obtained patent protection for the
water soluble ferric carboxymaltose in several countries.The
corresponding US Patent 7‟612‟109 has even
with citric acid
and reacting the oxidized maltodextrin with ferric hydroxide to produce
ferric carboxymaltose, is not workable as citric acid is in fact ... stable, non- dextran iron complex of
ferric hydroxide core stabilized by a carbohydrate shell, Ferric
Carboxymaltose is commercially available in market under the brand
name
hereinafter referred to as "IN'536"), relating to
FERRIC CARBOXYMALTOSE (hereinafter referred to as "FCM").
Since all the suits pertain ... assigned the International
Nonproprietary Name ('INN') FERRIC CARBOXYMALTOSE to Plaintiff
No. 1's invention claimed in Claim
known as "Ferric Carboxymaltose"/ "Iron
Carboxymaltose", and the oxidation product of one or more maltodextrins.
"Ferric Carboxymaltose" is used ... International Non-proprietary Name ["INN"] of "Ferric
Carboxymaltose" has been assigned by WHO to Plaintiff No. 1's invention
further averred that Plaintiff No.1's invention FERRIC
CARBOXYMALTOSE is used for the intravenous treatment of iron
deficiency and iron deficiency anaemia, when ... launch a generic, infringing version of the Plaintiffs' drug comprising
FERRIC CARBOXYMALTOSE, under the brand name HETROFER,
possibly within the next 7-10 days
manufacture, market, offer for sale, sell or
otherwise deal with Ferric. Carboxymaltose by virtue of Indian
Patent No. 221536;
b) The Second Party acknowledges that ... manufacture, market, offer for sale, sell or
otherwise deal with Ferric Carboxymaltose in any manner till
the expiry of Indian Patent No. 221536;
CS(COMM
Vifor attained
global leading position by developing a molecule known as Ferric Carboxymaltose ('FCM')
which is the active pharmaceutical ingredient ... treatment of iron deficiency anaemia in India,
being Iron Sucrose and Ferric Carboxymaltose (FCM). As per the Informant, Iron Sucrose
and FCM are not substitutable
Orange Book as the "drug substance" patent covering
ferric carboxymaltose.
6. It is the case of the plaintiff that the plaintiff under section ... statutory right to
the exclusive use of Iron Carboxymaltose. The infringing iron carboxymaltose
(Ferric Carboxymaltose), used by the Defendants is in violation
COMOPLEX". The plaintiff No.
1's invention i.e. FERRIC CARBOXYMALTOSE (hereinafter referred to as
"FCM") is an intravenous iron deficiency ... International Nonproprietary Name
(hereinafter referred to as 'INN') FERRIC CARBOXYMALTOSE to the
plaintiff No.1's invention claimed in Claim
water-
soluble iron carbohydrate complex is also designated as "FERRIC
CARBOXYMALTOSE" or "IRON CARBOXYMALTOSE" and it is used
for the intravenous ... patent expires on 20th October, 2023.
3. The drug "FERRIC CARBOXYMALTOSE" was launched in India in
March, 2011 by the plaintiff
