Patent infringement cases move to the fast lane in India

Even as Germany’s Boehringer Ingelheim has obtained ad-interim injunctions against four Indian pharma companies that launched generic versions of the multinational's patent-protected drug linagliptin, Indian generic major Natco Pharma (BSE: 524816)  said that US firms Johnson & Johnson (NYSE: JNJ) and Momenta Pharmaceuticals (Nasdaq: MNTA) have filed a patent infringement lawsuit against it on two old patents associated with its glatiramer acetate injection.

Boehringer holds a valid patent for linagliptin in India until August 2023, and the recent injunctions restrain four firms from infringing the linagliptin patent by advertising, launching, selling or importing the drug.

Vani Manja, managing director, Boehringer Ingelheim India, said, "The swift and just actions from the High Court over the past nine months have reaffirmed our faith in the Indian legal system in securing enforcement of patent rights and upholding of patient interests. This also underlines the strength of Boehringer Ingelheim’s patents."

Boehringer said in the last nine months, it has received several injunctions against generic firms for patent infringement of its innovator drugs Jardiance (empagliflozin) and Tradjenta (linagliptin).

While ad-interim injunctions were granted against Dr Reddy’s Laboratories (BSE: 500124) and MSN Laboratories for empagliflozin, which was eventually made absolute, the multinational secured another ad-interim injunction against MacLeods for linagliptin which eventually was made absolute.

The pharma major also secured ad-interim injunctions against Eris Lifesciences, MSN Laboratories, Emcure Pharmaceuticals, and Optimus Pharma for linagliptin.

Meanwhile, J&J and Momenta Pharma's patent infringement lawsuit is against Natco and its marketing partner Mylan Pharma, along with others, in the US  alleges infringement of two old patents associated with glatiramer acetate injection, used to treat relapsing forms of MS in adults.

"This lawsuit has been filed in the Pennsylvania federal court. Natco and its marketing partner, Mylan, believe this is a meritless suit for a product that has been in the market for more than five years. Mylan and Natco will strongly defend against this suit," the Indian company said in a regulatory filing.