Case Law Details
Macleods Pharmaceuticals Limited Vs Boehringer Ingelheim Pharma GmbH & Co. KG D (Competition Commission of India)
Introduction: The Competition Commission of India (CCI) recently reviewed a case between Macleods Pharmaceuticals Limited and Boehringer Ingelheim Pharma GmbH & Co. KG. The crux? Whether the act of initiating legal proceedings over patent rights can be an abusive conduct by a dominant player in the market.
Analysis:
1. The Parties Involved: Macleods Pharmaceuticals, the informant, alleged that Boehringer Ingelheim Pharma and its subsidiary engaged in conduct that contravened Section 4 of the Competition Act, 2002. While Macleods focuses on manufacturing pharmaceutical ingredients and formulations, Boehringer Ingelheim is a prominent pharmaceutical company, known globally.
2. Patent Details & Claims: Boehringer Ingelheim holds two patents connected to ‘Linagliptin’, a compound used for Type 2 diabetes treatment. Macleods’ grievance stems from the belief that Boehringer Ingelheim misused these patents to prohibit competitors, including Macleods, from using ‘Linagliptin’ in their drugs.
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