Procrastination in IP may cost big!!
Boehringer Ingelheim Pharma Gmbh vs. Tanmed Pharma India Pvt. Ltd . C.S.No.282 of 2019 and and A.No.3184 of 2019 in High Court of Judicature Madras The plaintiff and its Indian subsidiary filed this civil suit alleging infringement of its product patent “Linagliptin” by the defendant stating that the defendant violated granted patents bearing nos. 243301 and 227719 by launching, making, using, offering for sale, selling, importing and / or exporting the medicinal product, Linagliptin. The Defendant in its written statement stated that it did in fact obtained license to manufacture the drug “Linagliptin Tablet” from the department of Drug Control and in December 2017. However, it did not manufacture the said drug. On receipt of suit summons, defendant surrendered the license to the Drug Controller vide letter dated 27.05.2019 and stated that there remained no cause of action which could sustain the said suit. An Advocated appointed as Commissioner inspected the pre