AstraZeneca vs. Emcure & MSN: The Conundrum Of Disclosure And Coverage

The decision in the case of AstraZeneca vs. Emcure and AstraZeneca vs. MSN Labs gave a striking boost to pharmaceuticals industries. This decision in the case gave an added advantage to the pharma industry in terms of enforcing their species patents, even if the product may be marketed under the genus patent. Undoubtedly this decision will gave a huge boost in valuation of pharmaceuticals industry but it does entails itself in contradiction with previous rulings of the court that the coverage and disclosure cannot be separated.

Brief

The case revolves itself with the drug Ticagrelor for treatment of cardiovascular events. This drug covers 4 patents namely the genus patent i.e. IN 241229 for the "Markush" formula; a species patent i.e. IN 209907; the "crystalline form" patent i.e. IN 247984; and the "finished formulation" patent i.e. IN 272674. These all patents form the part of the drug Ticagrelor. The plaintiff contends that the genus patents which is for Markush