Revocation Petition Maintainable Though No Live Patent Subsisting

I.A. 7635/2024 and I.A. 46685/2024
IN C.O.(COMM.IPD-PAT) 38/2022

Background

The Petitioner, Macleods Pharmaceuticals Ltd., is engaged in manufacturing and marketing diverse pharmaceutical products, including anti-diabetic drugs. The Respondent no. 2, Boehringer Ingelheim Pharma GmbH & Co. KG, is a company organized under the laws of Germany and is involved in developing, manufacturing, and marketing pharmaceuticals worldwide, including in India. The dispute centres around a medicinal product called 'LINAGLIPTIN,' an anti-diabetic product, for which the Respondent no. 2 holds Indian Patent IN 2433013. The patent was granted on 5th October 2022, with a priority date of 21st August 2023. The Petitioner filed a revocation petition under Section 64(1) of the Patents Act, 1970, at the delhi High Court, seeking to revoke this patent. This petition was filed on 17th February 2022, just before the intended commercial launch of the Petitioner's generic 'LINAGLIPTIN'