Sandeep K. Rathod, Mylan Laboratories Limited| March 31, 2016
a) Obtaining an order of interim injunction in a pharmaceutical patent suit is not difficult for the patent owner. Indian Courts have in fact, granted interim injunctions in a majority of pharmaceutical patent infringement suits;
b) A large majority of injunction requests are filed by the patentees as ex-parte and are quia-timet in nature. The defendant may not get an adequate opportunity to present its defense before the grant of such injunctions;
c) While arguably, patent infringement suits can be filed in a host of District and High Courts, it would appear that patent owners prefer to initiate their suits and corresponding injunction requests only before the High Court of Delhi;
d) Undertakings for non-commercialisation given by generic companies also act/stand on same footing as injunctions; and
e) India will see more pharmaceutical patent infringement suits- including cases where IP owning generic companies file suits against other generic companies.
Keywords: India, patents, injunctions, ex-parte, pharmaceuticals, generics, forum-shopping, infringement, litigation, innovator
To read full paper: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2758327