SC Dismisses SLP Filed By AstraZeneca AB In A Patent Battle

The Hon'ble Apex Court on 19.07.2022 dismissed the Special Leave Petition (SLP) filed by Astrazeneca AB in a patent infringement matter for the drug Dapagliflozin. Dapagliflozin is used for the treatment of Type II Diabetes. The SLP had impugned the Division Bench order of July 20, 2021, which had confirmed the orders of two Single Judges of the Delhi High Court denying an interim injunction to Astrazeneca AB. The Hon'ble Division Bench had held inter alia, that a patentee who had already enjoyed a monopoly of 20 years and had asserted the earlier genus patent for infringement of a drug cannot extend its exclusivity by asserting the second species patent for the same drug. The interim injunction was denied in 9 separate suits. The Hon'ble Apex Court also declined to entertain the Intervention Application preferred by the Organization of Pharmaceutical Producers of India (OPPI). The Respondents, Intas Pharmaceuticals, Alkem Laboratories Ltd., and Zydus Healthcare Ltd., were represented by Mr. CS Vaidyanathan, Sr Adv, Mr. Adarsh Ramnujan Adv along with Ms. Bitika Sharma, Partner; Ms. Nitya Sharma, Senior Associate; Ms. Vrinda Pathak, Senior Associate; Mr. Vikram Singh Dalal, Associate from Singh & Singh Law Firm LLP.