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Swiss Pharma major Novartis clearly claimed that suit filed as a patent convention treaty application claiming since 2007, and hence granted on 28th September 2015.
According to the provision Sec 48 of the patent Act it grant right in the favour of patentee which may not affect during the during the pendency of post grant opposition.
Thus, the Respondent took the defense drugs already manufactured by the Defendant under the mark NOXALK are allowed to be sold during the pendency of the hearing in the application under Order 39 Rule 1 and 2 CPC and till further orders of this Court. Thus the defendant is restrained from carrying out any fresh manufacturing of pharmaceutical preparations comprising of the active pharmaceutical ingredient (API) 'Ceritinib' till the next date," the court ordered.
The said court posted the matter to July 11, thus requested the “Controller General of Patents, Designs and Trade Marks that the order on the post grant opposition may be passed by the Patent Office before the next date of hearing before this Court so that this Court" may have the benefit of the decision of the Patent Office”.
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