NOVARTIS AG Vs. NATCO PHARMA LIMITED

JUDGEMENT

(1.) This judgment disposes of IA 4636/2023 filed by the defendant Natco Pharma Limited, seeking vacation of the interim relief granted by this Court vide judgment dtd. 9/1/2023 in IA 6384/2019 in the present suit instituted by Novartis AG against Natco. The issue in controversy

(2.) The dispute in CS (COMM) 229/2019, in which the present application has been filed, revolves around Indian Patent IN 276026 ("IN'026") (also referred to as "the suit patent"), titled "Novel Pyrimidine Compounds and Compositions as Protein Kinase Inhibitors". Claims 1, 4 and 5 in the suit patent claim a compound bearing the IUPAC name Ceritinib. Claim 1 claims a Markush formula on which, by effecting suggested select substitutions, it is possible to arrive at Ceritinib, which is claimed as Claim 4 in the suit patent. Ceritinib is specifically exemplified as Example 7 in the complete specifications of the suit patent. Ceritinib bears the following molecular structure:

(3.) The defendant undisputedly manufactures and sells Ceritinib in the open market. Inasmuch as the defendant was, thus, exploiting the suit patent without obtaining a license from the plaintiff, even while the suit patent was valid and subsisting, the plaintiff sought, by the suit, a decree of permanent injunction, restraining the defendant from exploiting the suit patent. The plaintiff also filed IA 6384/2019, seeking interlocutory injunction, restraining the defendant from exploiting the suit patent, pending disposal of the suit.