Novartis AG & Anr. v. Synokem Pharmaceuticals Limited

Delhi High Court · 25 Jan 2023 · 2023:DHC:593
C. Hari Shankar
CS(COMM) 579/2022
CS(COMM) 579/2022
intellectual_property petition_dismissed

AI Summary

The Delhi High Court dismissed a patent infringement suit as infructuous following the expiry of the patent in question.

Full Text
Translation output
Neutral Citation Number : 2023/DHC/000593
CS(COMM) 579/2022
HIGH COURT OF DELHI
CS(COMM) 579/2022
NOVARTIS AG & ANR. ..... Plaintiffs
Through: Mr. Siddhant Sharma, Adv.
VERSUS
SYNOKEM PHARMACEUTICALS LIMITED.... Defendant
Through: Mr. Gaurav Miglani, Adv.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER (ORAL)
25.01.2023
JUDGMENT

1. This suit was instituted by the plaintiffs against the defendant alleging infringement, by the defendant, of Indian Patent IN 229051 (IN’051), held by the plaintiffs in respect of a pharmaceutical composition containing a combination of Valsartan and Sacubitril, intended to treat cardiovascular disorders.

2. On 25th August 2022, an ex parte ad interim injunction was granted by this Court, restraining the defendant, its distributors, licensees, franchisees, agents and anyone else acting on its behalf, from manufacturing, selling or importing the products covered by the Indian Patent IN’051 during the life time of the patent.

3. That order now has no effect as the patent has expired on 16th January 2023.

4. In view thereof, Mr. Siddhant Sharma, learned Counsel for the plaintiffs submits that the dispute in this suit does not survive for Neutral Citation Number: 2023/DHC/000593 CS(COMM) 579/2022 consideration. The suit is disposed of as having become infructuous.

C.HARI SHANKAR, J JANUARY 25, 2023