Bristol Myers Squibb Co. & Ors. v. Mr. J.D. Joshi & Anr. and Mr. D. Shah &Anr.
[2015 SCC Online Del 10109: (2015) 64 PTC 135]
Coram: Single Bench comprising Hon’ble Mr. Justice Manmohan Singh, J.
Forum: Hon’ble High Court of Delhi
Case No.: I.A. No.15720/2009 in CS(OS) No.2303/2009 ;I.A. No. 5910/2013 in CS(OS) No. 679/2013.
Date of Decision: June 29, 2015

Facts:

  • The , Bristol-Myers Squibb Company and its subsidiary Bristol-Myers Squibb India Private Limited (Petitioner), were biopharmaceutical companies dedicated to developing innovative medicines, including DASATINIB, used in treating leukemia.
  • Bristol-Myers Squibb Company owned the patent for DASATINIB (IN 203937) valid in India and other countries.
  • Defendant No.1, Mr. Dharmesh Shah, was the Chairman and Managing Director of defendant No.2, BDR Pharmaceuticals International Private Limited. Defendant No.2 sold generic pharmaceutical products across India, with an office in Delhi.
  • The Plaintiffs filed two suits seeking a permanent injunction to prevent the infringement of Indian Patent No.203937 and for damages against the Defendants accused of infringing the patent by manufacturing or selling DASATINIB without authorization. The invention claimed by the Plaintiffs included treatment methods for cancer.

Main Issue:

Can public interest be invoked as a defence against patent infringement, particularly when the Defendant hasn't established a prima facie credible defence, nor has there been any intervention by the government under Section 66 of the Act?