The Delhi High Court has permanently restrained Dr. Reddy’s Laboratories Limited from commercially releasing any product containing ‘Olaparib,’ Olaparib API, or similar products. The court’s decision followed an application by Kudos Pharmaceuticals Limited, Astrazeneca AB, and Astrazeneca Pharma India Ltd., alleging patent infringement by Dr. Reddy’s. Justice Prathiba M. Singh, in a single-bench ruling, directed that Dr. Reddy’s be permanently restrained from launching Olaparib-related products, except as permitted under Section 107A of the Patents Act, 1970. until the patent’s expiration on March 12, 2024.
Advocates Pravin Anand, Vaishali R Mittal, and Siddhant Chamola represented the plaintiffs, while Advocate J. Sai Deepak represented the defendant. The case involved the claimed infringement of the plaintiffs’ patent for the product containing ‘Olaparib,’ marketed as ‘LYNPARZA,’ used for treating ovarian cancer, breast cancer, pancreatic cancer, and prostate cancer. The plaintiffs asserted holding several patents for Olaparib and its derivatives. Investigations revealed that Dr. Reddy’s, with operations in Andhra Pradesh, obtained a Manufacturing License and Specific Export Permission for Olaparib, valid until June 30, 2023.
The court mentioned that an independent investigator, through telephonic inquiries in June 2023 and December 12, 2023, confirmed Dr. Reddy’s ability to supply bulk quantities of Olaparib API. It was also clarified that while the Defendant manufactures Olaparib in API form, they do not produce any finished formulation of it. Therefore, it is contended that the Plaintiffs’ rights as provided under Section 48 of The Patents Act, 1970 have been violated by the Defendant. Although the defendant pledged not to commercially launch Olaparib before the patent expiry, the court noted that Dr. Reddy’s was manufacturing and exporting Olaparib under Section 107A of the Patents Act, 1970.
Acknowledging the patent’s lifespan until March 12, 2024, the court accepted the defendant’s undertaking not to launch Olaparib commercially before the expiry but to engage in activities permissible under Section 107A. The court emphasized that the plaintiffs retained their rights under Order II Rule 2 of the Civil Procedure Code, leaving the rights and remedies of both parties open. Consequently, the High Court decreed the suit and disposed of the pending applications.