Delhi High Court Restrains Infringement Of Gilteritinib Patent
Delhi High Court Restrains Infringement Of Gilteritinib Patent
Introduction
The Delhi High Court issued an order in the case involving Astellas Pharma Inc. and Lucius Pharmaceutical Lucius Pharmaceuticals Lao Co Ltd & Ors., addressing critical issues of patent infringement and interim relief.
Factual Background
The plaintiffs, Astellas Pharma Inc. and Kotobuki Pharmaceutical Co., Ltd., are the patentees of Indian Patent No. 292990, which covers the molecule Gilteritinib, a new chemical entity used for the treatment of Acute Myeloid Leukemia (AML) with a FLT3 mutation. The plaintiffs have developed the commercial product under the brand name XOSPATA.
The defendant No. 1, Lucius Pharmaceutical Co. Ltd., is a company established in 2020 in Vientiane, Laos, and is involved in manufacturing over 200 generic drugs. The defendant No. 1 is alleged to be manufacturing and selling the infringing Gilteritinib product under the brand 'LUCIGIL'.
Procedural Background
The plaintiffs sought grant of permanent injunction restraining infringement of their patent, along with other ancillary reliefs. The defendants, Lucius Pharmaceutical Lucius Pharmaceuticals Lao Co Ltd & Ors., were alleged to infringe the plaintiffs' patent.
Issues Involved
1. Patent Infringement: Whether the defendants' actions constitute infringement of the plaintiffs' patent.
2. Interim Relief: Whether the plaintiffs are entitled to ad interim injunction against the defendants.
Contentions of the Parties
Plaintiffs' Contentions: The plaintiffs argued that the defendants' actions infringe their patent rights and sought interim relief to prevent further infringement.
Defendants' Contentions: None, as the defendants did not appear to contest the suit.
Reasoning and Analysis
The court conducted a detailed analysis of the pleadings and arguments advanced by the plaintiffs. It observed that the plaintiffs have a prima facie case for patent infringement, as the defendants' product 'LUCIGIL' appears to be identical to the plaintiffs' patented molecule Gilteritinib. The court also noted that the defendants' actions may lead to likelihood of confusion and deception amongst the general public, which could result in irreparable harm to the plaintiffs.
The court presided by Justice Saurabh Banerjee relied on the principles of patent law, which aim to protect the exclusive rights of patentees and prevent unauthorized use of their inventions. In this case, the court found that the plaintiffs' patent rights were likely being infringed, and that interim relief was necessary to prevent further harm.
Final Decision
The Delhi High Court granted an ex parte ad interim injunction in favor of the plaintiffs, restraining the defendants from using, making, selling, distributing, advertising, exporting, importing, and offering for sale any product that infringes the subject matter of Indian Patent No. IN 292990. The court also directed the defendant No. 7, India MART InterMESH Ltd., to de-list and remove the links/listings relating to the infringing product from its platform.
The defendants are restrained from dealing in any product that infringes the subject matter of Indian Patent No. IN 292990. The defendant No. 7 is directed to de-list and remove the links/listings relating to the infringing product from its platform upon the plaintiffs providing the necessary links/listings. The matter is listed before the court on 16 October, 2025 for further proceedings.
Law Settled
This judgment reaffirms the importance of protecting patent rights, particularly in the pharmaceutical industry where innovation and research are crucial. The court's decision emphasizes the need for strict enforcement of patent laws to prevent infringement and protect the exclusive rights of patentees.
In this case the plaintiff was represented by team Anand & Anand led by Mr. Pravin Anand, Ms. Archana Shankar, Mr. Dhruv Anand, Ms. Udita Patro, Ms. Vidisha Garg, Ms. Nimrat Singh, Mr. Dhananjay Khanna, Ms. Sampurnaa Sanyal and Ms. Aakansha Parashar, Advocates
