NOVARTIS AG Vs. NATCO PHARMA LIMITED

JUDGEMENT

(1.) The Defendant has filed two applications one under Order VII, Rule 11 CPC and the second one under Order XXXIX, Rule 4 CPC seeking dismissal of the present suit and vacation/suspension of the interim injunction operating in the present case on the ground that the patent granted in favour of the Plaintiffs has been revoked in the post grant opposition proceedings. The Defendant relies on the order passed by the Deputy Controller of Patents and Designs (hereinafter, "Controller") on 16th August, 2019. Ld. senior counsel for the Defendant has taken the Court through the findings and shown that the Controller has arrived at a finding that the compounds disclosed in the suit patent lack novelty in view of the disclosures made in IN 240560 and IN 232653. The submission is that in view of Section 62(2) of The Patents Act, 1970 the interim injunction cannot be continued.

(2.) The Plaintiff - Novartis AG has filed the present suit seeking permanent injunction, damages, rendition of accounts and delivery up in respect of its granted patent, Indian Patent No. 276026 titled 'Novel Pyrimidine Compounds and Compositions as Protein Kinase Inhibitors'. The case of the Plaintiff is that it has been granted the suit patent for a novel and inventive compound Ceritinib which is a drug meant for treatment of non-small cell lung cancer (NSCLC). The case of the Plaintiff is that the said molecule, which forms part of the broader group of 2, 4- diaminopyrimidines, is novel and inventive.

(3.) The suit patent was filed as a Patent Convention Treaty (hereinafter, 'PCT') application claiming priority since 2007, and was granted on 28th September, 2015. The Defendant - Natco Pharma Ltd. filed a post grant opposition within the statutory period under Section 25 (2) of The Patents Act, 1970. The said opposition was initially referred for the consideration of the Opposition Board, which gave a report in favour of the Plaintiff. However, Natco Pharma thereafter filed additional material and now the hearing in the post grant opposition itself stands concluded, and the order was reserved on 10th April, 2019.