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Infringement found, injunction refused
Delhi High Court (Division Bench) · 2015 · RFA(OS) 92/2012 and RFA(OS) 103/2012; 2015 SCC OnLine Del 13619, decided 27 November 2015
What happened
A patentee sued over a generic version of its patented cancer drug. The trial court dismissed the infringement suit; both sides appealed.
What the fight was about
Validity of the patent, infringement by the generic product, and whether a permanent injunction should follow a finding of infringement.
What the court decided
The Division Bench upheld the validity of the patent, dismissing the revocation counterclaim, and found infringement. It rejected the section 3(d) defence at the level of the polymorph, reasoning that the polymorph differed in physical properties rather than therapeutic efficacy. Notably, despite finding infringement it declined a permanent injunction, ordering rendition of accounts for damages instead.
Why an inventor should care
Winning an infringement case does not automatically mean the other side has to stop. Indian courts weigh public interest and the nature of the product.
What a patent professional should take from it
A useful counterweight to the assumption that a finding of infringement produces an injunction, particularly in pharmaceuticals. Also a reminder that section 3(d) arguments operate differently depending on which entity in the family is being examined.
Infringement and injunction are two separate decisions.
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This is an editorial case note prepared by Ragulika IP - a summary of a decision, not the text of the judgment, and not authority. Read the judgment itself before relying on any point.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
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Infringement
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Nobody enforces your patent for you
Granting a patent and enforcing it are done by completely different institutions. The Patent Office has no role once a patent is granted - enforcement is a civil act…
Section 3(d)
A provision that treats a new form of a known substance as unpatentable unless it differs significantly in properties **with regard to efficacy**, and also bars the …
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Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.
Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.