NOVARTIS AG Vs. ZYDUS HEALTHCARE LIMITED

JUDGEMENT

(1.) I proceed to dispose of IA 6051/2022, filed by the defendants Zydus Healthcare Ltd. and Cadila Healthcare Ltd. under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC), whereby the defendants seek rejection of the plaint in CS (Comm) 681/2021, instituted by Novartis AG and Novartis Healthcare Pvt. Ltd.. Facts

(2.) Novartis asserts Indian Patent IN 229051, titled "Pharmaceutical Compositions comprising Valsartan and NEP inhibitors" -.

(3.) The suit patent, it is asserted, consists of a combination of Valsartan and Sacubitril, which is novel and inventive in nature, and treats cardiovascular diseases. The plaint asserts that administration of the combination claimed in the suit patent has greater therapeutic effect than the administration of Valsartan or the administration of a vasodilator or NEP (Neutral Endopeptidase) inhibitors alone. Sacubitril is a NEP and Valsartan is a vasodilator. The "unexpected and surprising synergistic antihypertensive effect" - of the combination of Sacubitril and Valsartan is asserted as being novel, non-obvious and inventive.