placed significant reliance
on expert testimony of two kinds - first, on X-ray diffraction tests which
establish that Tarceva is Polymorph B alone and second
details of the
specification of the aforementioned patent or the x-ray diffraction of the
product (tablet) Tarceva or the defendant‟s Erlocip was indicated ... purchased some manufactured in August 2006 from the local
market. The x-ray diffraction data of Tarceva sold in India showed that
trial
and error experimentations. Moreover, each
crystalline form has its own X-ray diffraction pattern.
This X-ray diffraction pattern is inherent property of
each ... which would lead to the claimed
invention.
(iv) The x-ray diffraction pattern is an
inherent property of each crystalline
compound, and the crystalline
temperature of about 25° C;
b) an observed powder x-ray diffraction pattern
substantially in accordance with the pattern shown
in Figure ... simulated powder x-ray diffraction pattern
substantially in accordance with the pattern shown
in Figure 1,
d) a powder x-ray diffraction pattern (CuK alpha
temperature of about 25° C;
b) an observed powder x-ray diffraction pattern
substantially in accordance with the pattern shown
in Figure ... simulated powder x-ray diffraction pattern
substantially in accordance with the pattern shown
in Figure 1,
d) a powder x-ray diffraction pattern (CuK alpha
Astrazeneca Ab & Ors vs P Kumar & Anr on 8 August, 2019
Equivalent citations
Court could
have relied on evidence of use of the X-Ray diffraction technique
and a consequential analysis of the peaks of both to ascertain ... Erlotinib Hydrochloride. By
focusing on evidence involving the analysis of X-Ray diffraction
data, the Learned Single Judge has erroneously compared the
products of Roche
strain (protein extraction and purification),
electrical and wave nature of particles (x-ray
diffraction techniques to study active site of
enzymes), Biology (animal testing
form of Differential Scanning Calorimetry
(DSC)10, Thermogravimetric Analysis11 (TGA) or X-Ray Diffraction (XRD)
of Glenmark‟s products. This would have indicated that
infringed. The plaintiffs will also have to
disclose to Court the x-ray diffraction data of the
product, particularly if it is a pharmaceutical drug ... entire specification of the patent
held by the plaintiff together with X-ray diffraction
data of Tarceva and Erlocip filed along with the
plaint