Delhi High Court examines factors for the patentability of species patent in India
In a landmark decision, the Delhi High Court denied an injunction to the Plaintiff (BOEHRINGER INGELHEIM PHARMA GMBH) for infringement of patent rights in Linagliptin, a drug to treat Type 2 diabetes. While deciding the infringement action, the Court analyzed various vital factors, including species versus genus patent infringement. In this case, the Court also…