In a recent Judgement by Delhi High Court on 02.11.2020 (CS
(Comm) 410/2020 AstraZeneca Ab & Anr v Alkem Laboratories),
AstraZeneca (Plaintiff), a reputed British-Swedish multinational
Pharmacy & Biotechnology company, was denied an Application
under Order 39 Rule 1 &2 under the CPC for grant of Temporary
Injunction against Alkem Laboratories (Defendants).
It was contended by Plaintiff that the Defendants had infringed
two of their patents- IN 205147 (Patent 1) and IN
235625 (Patent 2) that relate to the manufacturing of an
anti-diabetic drug called Dapagliflozin, which is marketed as
Farxiga.
Both the patents were initially registered by Mr. Bristol Myer
Squibb, who had then assigned the rights to the same to Plaintiff
in 2014. Patent1 was the genus patent that expired in 2020 and
Patent 2 was its species, which expired in 2023.
