I am not at all sure (afterall -- no Indian patent lawyer, am I), but it would seem that "reserved" is the right word.
I think, in the parlance of Indian patent law, that means the Indian three judge court won't rule from the bench, orally -- now that the proceedings have concluded. No, they will wait, and issue a formal, published written opinion, at some later date. So, again, we wait.
I think it is significant, however that just this morning, a second Indian patent appeals court has followed the watershed Gleevec holding -- this time, on a cancer drug -- and invalidated an "incremental" patent claim, by the original branded innovator.
Moreover, the latest invalidated branded pharmaco patent simply claimed a salt form of the original, patented base compound -- in an apparent Evergreening attempt in India. [Sounds a bit like sitagliptin vs. sitagliptin phosphate, no?]
END, UPDATED PORTION.
I'll try to get a better translation, but here is a bit, local to India. We still don't know the outcome, for certain. Depends on translation/spelling of one word. Wild.
Do stay tuned -- I'll source a more authoritative answer.
. . . .The Delhi High Court reserved [Ed. Note: Sp?] its order on the appeal of US drug major Merck Sharp and Dohme's (MSD) against a single judge order which had turned down the patent rights of the company and allowed Indian firm Glenmark to manufacture and sell the ant-diabetic drug Zita and Zita-Met. . . .
As I say -- wild. Wild Wild.
1 comment:
You are right - the verdict is 'reserved'. This order/ verdict is only for the limited appeal to the upper bench regarding non-grant of injunction against Glenmark.
The original/ first infringement suit at the initial bench is proceeding on its own merit.
Indian Patent Attorney
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