2020-TIOLCORP-40-HC-DEL-IPR
Astrazeneca AB Vs Intas Pharmaceuticals Ltd
Whether at stage of preliminary injunction challenger must establish patent is vulnerable - YES: HC
Whether at stage of preliminary injunction challenger must demonstrate patent is invalid - NO: HC
Whether patentee has the right to exclude third parties until the patent is invalidated/ revoked - YES: HC
Whether old patents should be presumed to be valid - NO: HC
Whether u/2(1)(ja) of the Patent Act, 1970, both parts of the definition must be proved to be termed as an inventive step - YES: HC
- Case dismissed: DELHI HIGH COURT |