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
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
form of Differential Scanning Calorimetry
(DSC)10, Thermogravimetric Analysis11 (TGA) or X-Ray Diffraction (XRD)
of Glenmark‟s products. This would have indicated that
submission that the plaintiff was bound
to disclose the X-ray diffraction pattern of the claims in the suit
patent and of Ceritinib was also ... Rules 1 and 2 of the CPC , the Court cannot
examine X-ray diffraction patterns.
(xii) The reliance of the defendant on the fact that
powder X-ray diffraction pattern. It
0
is described that it is characterized by having
peaks at diffraction angles (2θ) near ... X-Ray
Diffusion Pattern can be measured by a Usual
method. Further, the value of the diffusion angle
of the powder X-ray diffraction
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
following Formula c28:
[Formula c28]
wherein the crystalline form has an X-ray diffraction (XRD) spectrum
which includes peaks at diffraction angles
F. Hoffmann-La Roche Ltd, Switzerland ... vs Cipla Ltd., Mumbai Central, Mumbai on 7 September