Novartis v. Natco_The abandonment of a divisional patent application does not render the parent patent unenforceable.
(image credit: livelaw.in ) Patent in suit : IN276026 (Novartis: Expiry: 20/05/2024) Molecule: Ceritinib Annual sale in India: 105,947,883 INR (As per Form 27, 2019) & 87,671 261,970,291 INR (2022-23: As per Form 27) Judgment Pronounced on : 9 April 2024. Conclusive Remark: The Delhi High Court has rejected the O39R4 application filed by the Defendant, NATCO, which sought to lift the injunction order in favor of the Plaintiff, Novartis. Interesting fact & remark of DHC : 1. The Division application filed by Novartis was not rejected on its merits but because Novartis chose not to pursue the application. This decision does not prevent Novartis from contesting the validity of the patent challenged by the opponent. 2. Even if the rejection of the division application were considered on its merits, the Controller's decision is not binding on the court. Upon independent analysis, the court has found...