“…the defendant (Natco) is in fact exploiting the suit patent by manufacturing and selling Olaparib. It is also admitted that this exploitation has take place in the 19th year of the life of the suit patent. No credible case of vulnerability of the suit patent to invalidity on any of the grounds contained in Section 64 of the Patents Act can be said to have been made out by the Natco. As no credible challenge to the validity of the suit patent has been made out, the prayer for interlocutory injunction has necessarily to be granted, Justice C. Hari Shankar said.
Kudos Pharmaceuticals had moved the HC alleging infringement of its suit patent. It said that Olaparib was specifically disclosed in its application for suit patent and there had been no opposition till the filing of its petition. Its only after the suit was filed that Natco sought revocation of its patent.
