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Astellas Pharma Incorporated v Medpro Pharmaceutica (Pty) Ltd and Others (2023/021642) [2024] ZACCP 1 (26 June 2024)
The court allowed Astellas to amend its mirabegron patent and stayed revocation proceedings, finding Cipla had not proved invalidity, delay, or prejudice.
Bayer Pharma AG v Pharma Dynamics (Pty) Ltd (1066/2013) [2014] ZASCA 201; 2014 BIP 87 (SCA) (28 November 2014)
The Supreme Court of Appeal held that Bayer’s proposed patent amendment was not unclear and granted the amendment, rejecting delay and misconduct objections.
H Lundbeck A/S and Another v Cipla Medpro (Pty) Ltd (89/4476) [2008] ZACCP 3; 2008 BIP 79 (CP) (20 June 2008)
The court found that the applicants failed to establish that the errors in claims 6 and 7 of the patent were clerical in nature. The evidence provided was vague, lacked factual support, and did not explain how the errors occurred. The applicants' delay in seeking correction or amendment was found to be culpable, as they were aware of the errors for years but only acted when their patent was challenged by the respondent. The proposed amendments to claims 6 and 7 would impermissibly broaden the scope of the patent, offending section 51(7) of the Patents Act. As a result, the patent was not whol…
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