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ARTICLE · 20 SEPTEMBER 2019

Delhi High Court Stops Astrazeneca's Attempts At Evergreening

In a major decision that is likely to impact evergreening of pharmaceutical patents in India, the Delhi High Court vacated interim injunctions granted to AstraZeneca

IndiaIntellectual Property

In a major decision that is likely to impact evergreening of pharmaceutical patents in India, the Delhi High Court vacated interim injunctions granted to AstraZeneca, a big pharma multinational, against three generics manufacturers, Micro Labs, Natco Pharma, and Dr. Reddy's Laboratories. The case involved allegations of infringement of AstraZeneca's three patents, for offering a generic version of AstraZeneca's drug-TICAGRELOR for sale under the brand name BRILINTA.

AstraZeneca has three Indian patents (IN '907, IN '984, IN '674) for Ticagrelor, a platelet inhibitor drug, which serves patients that recently suffered a heart attack. IN '907 covers TICAGRELOR by disclosing a number of compounds by Markush structure. It also claims TICAGRELOR specifically in an individualized form. IN'984 discloses a crystalline form of TICAGRELOR, and IN'674 covers the finished pharmaceutical formulation of TICAGRELOR.

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