'First published on India Business Law
Journal'
A recent decision by the Competition Commission of
India has put the lid on infringers with frivolous patent
allegations
There has been a proliferation of proxy wars for patent
supremacy in recent years. What is at the core an IP litigation has
infringers rushing to antitrust authorities with frivolous pleas
for investigations into business practices of the rightful patent
holders.
These practices are aimed at harassing an IP holder into either
granting a licence to the infringer on terms favourable to the
infringer; or stalling the patent infringement suit on citing the
pendency of antitrust complaints.
One such proxy war, or rather a battle, was waged by a generic
company against the Swiss pharmaceutical company Vifor
International, accusing it of anti-competitive practice. However,
tactful and swift legal representation saw Vifor dealing the
knockout blow, even before the battle really began.
