Bayer obtains injunction against marketing of patent-infringing drugs

The Delhi High Court granted an ex parte interim injunction restraining the defendants from marketing VARDENAFIL and VARDENAFIL HYDROCHLORIDE in India.

The court noted that the defendants product contained the plaintiff Bayer’s patented pharmaceutical preparation, but without its permission to exploit the same. The defendants’ drugs, though not commercially launched in India, were being exported to other countries.

Bayer initiated legal proceedings in India upon learning that drugs infringing its patent, valid till 2018, had been seized by customs authorities in Latvia.

Bayer Intellectual Property GmbH v Vipro Lifescience and anr.