HC restrains Baddi pharma firm from infringing on patent

Legal Correspondent

Shimla, April 24

The High Court has restrained Macleods Pharmaceuticals Limited, Baddi, from infringing on the patent rights of Boehringer Ingelheim International, Germany (under Indian Patent No. 243301) by manufacturing and selling medicinal product ‘Linagliptin’ (medication to lower blood sugar level) in any form till the pendency of the case.

About the case

The interim order was passed by the court in a civil case filed by the Boehringer Ingelhein International Co. against Macleods Pharmaceuticals, Baddi, seeking restraining order.

Passing the interim order, Justice Ajay Mohan Goel observed, “If an infringer is not restrained from infringing the patent, the patent holder will suffer from irreparable loss and it cannot be said that the infringer stands on the same pedestal on which the patent holder is.”

The interim order was passed by the court in a civil case filed by the Boehringer Ingelhein International Co. against Macleods Pharmaceuticals, Baddi, seeking restraining order.

It was contented by the petitioner that the patent is a commercially successful patent. Linagliptin tablet and Lenagliptin + Metformin Hydrochloride tablets, covered by the patent, were introduced and launched in the Indian market under the brand name “Trajenta/Trajenta Duo.”

It was further contended that it had come to the knowledge of the petitioner that the respondent company had launched infringing product Linagliptin 5 mg tablets under the brand names “LINAMAC” and “LINAONE”. It was an act of infringement of the exclusive rights of the subject patent of the petitioner company.

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