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South Africa decisions
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Gast South Africa (Pty) Ltd v Crystal Lagoons Technologies Inc and Another (113668/23) [2024] ZAGPPHC 900 (30 August 2024)
The High Court ordered the foreign respondents to provide security for costs, referred the amount and form to the Registrar, and stayed the patent action.
Bayer Intellectual Property GMBH and Others v New Clicks South Africa (Pty) Ltd and Others (7 June 2023) (2022/8099; 06238/2007) [2023] ZACCP 1; 2023 BIP 1 (COP) (7 June 2023)
The court found that the application was urgent due to the ongoing infringement of Bayer's patent by the first respondent, which undermined the purpose of the interim interdict previously granted against Dr Reddy's Laboratories. The applicants established a prima facie right to protection of their patent, as the first respondent did not substantiate its challenge to the patent's validity or the constitutionality of section 25 of the Patents Act. The court held that Bayer would suffer irreparable harm if the interim interdict was not granted, as damages or royalties would not adequately compen…
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Bayer Intellectual Property GMBH and Others v Dr Reddy's Laboratories (Pty) Ltd (22237/21; 2007/06238-5) [2022] ZACCP 1; 2022 BIP 291 (CP); [2022] HIPR 188 (CP) (1 March 2022)
The court found that the order granted was interim in both form and effect, as both parties approached the matter on the basis of interim relief and the judgment made only prima facie findings. The alleged final findings on obviousness and claim integers were not definitive and did not preclude Dr Reddy's from raising these issues in subsequent proceedings. The interests of justice did not warrant appealability, as no evidence was presented of significant public health impact from the interim interdict. The application for leave to appeal failed to meet the threshold for reasonable prospects…
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Bayer Intellectual Property GMBH and Others v Dr Reddy's Laboratories (Pty) Ltd (2007/06238-5) [2021] ZACCP 3; 2021 BIP 6 (CP); [2021] HIPR 184 (CP) (15 December 2021)
The court found that Bayer established a prima facie right to protection of its patent-in-suit, which is drafted in the Swiss form and is valid under South African law, supported by persuasive authority from English law and previous local cases. Dr Reddy's failed to place serious doubt on the validity of Swiss form claims or demonstrate that the patent-in-suit was not a genuine Swiss form claim. The evidence showed that the patented dosage regimen was novel and not obvious at the priority date. Dr Reddy's product, Rivaxored, infringed the patent by importing and selling a rapid release rivaro…
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Microsoft (SA) Proprietary Limited v You First Mobile (Proprietary) Limited (2020/59577) [2021] ZACCP 2; 2021 BIP 5 (CP) (21 June 2021)
The court ordered disclosure of foreign patent search reports and security for costs in a patent infringement and revocation dispute.
Villa Crop Protection (Pty) Ltd v Bayer Intellectual Property GmbH (2005/00230) [2020] ZACCP 2; 2021 BIP 1 (COP) (14 October 2020)
The court dismissed Villa Crop’s applications for further particulars and discovery in a patent dispute, and granted Bayer’s strike-out applications, with punitive costs against Villa Crop.
Merial and Others v Cipla Vet (Pty) Ltd (A122/2018) [2020] ZAGPPHC 343; 2021 BIP 7 (GP) (28 July 2020)
The High Court found that the order made by Murphy J regarding wasted costs was ambiguous when read in the context of paragraph 96 of the judgment, which recognized the complexity of the matter and justified the use of two counsel and expert witnesses. The court held that the intention was for the wasted costs to include the costs of two counsel and the qualifying fees of expert witnesses. The delay in bringing the application was not unreasonable given the procedural history and the respondent's conduct. The appeal was upheld, and the order was clarified to include the costs of two counsel a…
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Nu-World Industries (Pty) Ltd v Strix Ltd (1349/18) [2020] ZASCA 28; 2020 BIP 329 (SCA) (26 March 2020)
The Supreme Court of Appeal held that a damages enquiry in a patent case cannot be expanded to new alleged infringements after the infringement issue was finally decided.
Nu-World Industries (Pty) Ltd v Strix Limited (95/4779) [2018] ZAGPPHC 837 (31 October 2018)
The High Court granted leave to appeal against an interlocutory order allowing amendment of a patent damages declaration, citing interests of justice.
Cipla Agrimed (Pty) Ltd v Merck Sharp Dohme Corporation and Others (972/2016) [2017] ZASCA 134; [2017] 4 All SA 605 (SCA); 2018 (6) SA 440 (SCA); 2017 BIP 14 (SCA) (29 September 2017)
The Supreme Court of Appeal held that the interim interdict granted by the Court of the Commissioner of Patents was not appealable. The order was interim both in form and substance, as it was susceptible to alteration by the court of first instance pending the final determination of the main action. The court found that it was not clear, at the time the interdict was granted, that a final decision on the res judicata point could not be obtained before the expiry of the patent. The court distinguished the present case from BHT Water Treatment, confining that approach to cases where it is clear…
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