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Delhi High Court favours Novartis in Patent Infringement Suit against Natco Pharma



The Delhi High Court issued an order on the case of Novartis Ag and Another vs. Natco Pharma Limited, issuing an order to restraint the respondent- Natco Pharma Ltd and its management and distributors from infringing the patent rights of Novartis and its right of producing the Cancer Drug Ceritinib, branded as Zykadia in the global market. This case was taken up as a result of the petition moved by Novartis alleging the fact that Natco Pharma was infringing the patent rights of Ceritinib by manufacturing and selling the drug in the market without obtaining a prior license from the company. The dispute began by relating to Markush’s structure and Ceritinib.


As a result of the discussion and petition filed in the court, the Delhi High Court’s Single-Judge Bench chaired by Justice C. Harishankar ruled upon Natco and its directors, associates, licensees, franchisees, agents, distributors, and others acting on their behalf were restrained from dealing and infringing the product NOXALK or any other pharmaceutical ingredient, product or formulation containing Ceritinib in combination to any other compound. As the same would infringe the suit patent IN 276026 of Novartis.


 

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