Case Law Details
Claudio De Simone & Ors. Vs. Acital Farmaceutica SRL. & Ors. (Delhi High Court); CS(OS) 576/2019, IA No.15741/2019, 17.03.2020
FACTS
In the present case, Plaintiff No. 1 was an inventor of a US patent formulation namely; De Simone Formulation. The said formulation is highly concentrated bacterial formulation beneficial for pharmaceutical and dietary indications. In the year 2015, the patent protection in US had expired and the Plaintiff No. 1 did not had any corresponding patent in the territory of India.
It was claimed by the Plaintiff that the blending ratio and strain selection of the formulation was not claimed in the patent rather were maintained as trade secret and confidential information. The Plaintiff no. 1 had entered into a Patent License Agreement with the Defendant No. 3 and thereafter entered into a know-how agreement with the Defendant No. 3 which was to come into effect after the expiration of Patent License Agreement. The said know-how agreement was entered into so as to ensure that Defendant No. 3 may continue manufacturing the formulation after expiry of patent protection as their existed no patent protection in the territory of India.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
