Bayer Intellectual Property GMBH and Others v Dr Reddy's Laboratories (Pty) Ltd (2007/06238-5)
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…
Source excerpt
- Patent Infringement
- Interim Interdict
- Swiss Form Claims
- Novelty And Obviousness
- Misrepresentation In Patent Application
- Public Interest In Patent Law