Case: Astrazeneca v. Emcure (CS (COMM) 561/2019)
Astrazeneca v. MSN Laboratories ltd.
Decided on: 15th January, 2020
Coram: Hon’ble Ms. Justice Mukta Gupta
In the judgements related to Astrazeneca v. Emcure and Astrazeneca v. MSN Labs, delivered by Delhi High Court where the court discussed far reaching consequences for enforcement of species patent in India. In this case Hon’ble Court held that “even though a product (TICAGARELOR in this case) may be covered by a previous genus patent( for Markush formula), if the drug is produced and marketed under a species patent, the patentee is entitled to enforce the species patent. The High Court further went on to hold that the Supreme Court in the Novartis decision did not foreclose the possibility of grant of species patents, even if a genus patent has been granted.” In this case Delhi High Court interpreted the Novartis decision to hold that Supreme Court have “acknowledged” that scope of patent should be determined from intrinsic worth of an invention not from the artful drafting of the claim. Further Court interpreted that in Novartis case Supreme Court have not gone as far as saying that a species patent cannot be granted once a genus species had been granted.