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ARTICLE · 21 MAY 2020

Delhi HC On Interplay Between Patents And Trade Secrets

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In the present case, Plaintiff No. 1 was an inventor of a US patent formulation namely; De Simone Formulation.

IndiaIntellectual Property
AMLEGALS
AMLEGALS
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HIGH COURT OF DELHI
Claudio De Simone & Ors.
Versus
Acital Farmaceutica SRL. & Ors.

CS (OS) 576/2019 | 17th March, 2020

FACTS

In the present case, Plaintiff No. 1 was an inventor of a US patent formulation namely; De Simone Formulation. The said formulation is highly concentrated bacterial formulation beneficial for pharmaceutical and dietary indications. In the year 2015, the patent protection in US had expired and the Plaintiff No. 1 did not had any corresponding patent in the territory of India.

It was claimed by the Plaintiff that the blending ratio and strain selection of the formulation was not claimed in the patent rather were maintained as trade secret and confidential information. The Plaintiff no. 1 had entered into a Patent License Agreement with the Defendant No. 3 and thereafter entered into a know-how agreement with the Defendant No. 3 which was to come into effect after the expiration of Patent License Agreement. The said know-how agreement

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Disclaimer: The information contained in this document is intended for informational purposes only and does not constitute legal opinion, advice or any advertisement. This document is not intended to address the circumstances of any particular individual or corporate body. Readers should not act on the information provided herein without appropriate professional advice after a thorough examination of the facts and circumstances of a particular situation. There can be no assurance that the judicial/quasi-judicial authorities may not take a position contrary to the views mentioned herein.

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