The Delhi High Court's Order in the patent infringement case involving Erlotinib, sold as "Tarceva", is a path-breaking judicial pronouncement on the law of interim injunctions involving patents and public health.
The Court recognised, for the first time in India, the need to consider public interest in allowing or rejecting an order of injunction. The American Cyanamid Approach, was followed diligently, again for the first time since its pronouncement by the House of Lords in 1975.
To read further views on Courts' views on injunctions, click here,
The Cipla order rejecting injunction can be found here
and
the order expediting trial, which is a welcome sign, can be found here.
Interesting reading this!
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