Delhi High Court Rejects FMC's Plea to Block Natco Insecticide Over Patent Dispute

The Delhi High Court on Monday dismissed an application by FMC Corporation seeking to restrain Natco Pharma Limited from manufacturing and selling its insecticidal product “Cyantraniliprole 10.26% OD.” FMC alleged that Natco's product used a chemical intermediate covered by Claim 12 of its patent IN'645, which is set to expire on December 6, 2025.A sinhle bench of Justice Mini Pushkarna dismissed the FMC's plea for interim relief on the ground that it failed to establish a prima facie case for...

DPIIT Notifies Draft Patents (Amendment) Rules, 2023

On August 22, 2023, the Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, released the "Draft Patents (Amendment) Rules, 2023". These rules are aimed at updating the regulation of patent applications and their processing, which are currently governed by the Patents Rules of 2003 (2003 Rules).The 2003 Rules replaced the previous Patents Rules of 1972 and provided a detailed outline of the procedure for filing patents and related activities. However, due...

Jurisdiction Of Competition Commission Not Excluded Merely Because Actionable Info Relates To A Patent: Delhi High Court

The Delhi High Court has held that the jurisdiction of Competition Commission of India is not ousted merely because the information on which it seeks to initiate an enquiry relates to a patent.A single bench of Justice Yashwant Varma held that so long as the CCI is duly and statutorily empowered to deal with all information which it may receive with respect to actions that may (i) impede competition, (ii) usher in an anti-competitive environment, (iii) relate to abuse of dominant position or...

Monsanto Bt Cotton: Delhi HC Holds That CCI 's Jurisdiction To Hear Complaints Regarding Abuse of Dominance In Respect To Patent Rights Not Excluded [Read Judgment]

While highlighting that there's no conflict between the Patents Act and the Competition Act, the Delhi High Court has held that the jurisdiction of the CCI to entertain complaints regarding abuse of dominance in respect to patent rights could not be excluded. The Single Bench of Justice Vibhu Bakhru further noted that the exclusionary clause under section 3(5) of the Competition Act cannot allow the patentee to include onerous conditions under the guise of protecting its rights. ...

Delhi HC refuses to stay CCI inquiry into abuse of dominant position by Ericsson [Read Judgment]

The High Court of Delhi on Wednesday refused to interfere with the Competition Commission of India’s investigation into Ericsson’s alleged anti-competition practices, pertaining to enforcement of its standard essential patents (SEPs) against several Indian Smartphone manufacturers.Ericsson holds several patents in India in respect of technologies relating to infrastructure equipment, including 2G, 3G and 4G networks as well as mobile phones, tablets, data cards and dongles etc. Some of the...