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Indian patent claims: when prosecution history leads the infringement analysis

DPS Parmar of LexOrbis considers the wealth of case law in which prosecution history estoppel has helped to adjudicate on patent issues, and explains the implications for patentees

Delhi High Court clarifies scope of product-by-process claims in landmark pharma ruling

In a first-of-its-kind judgment, the Delhi High Court has refused to grant an interim injunction against the defendants, stating that their process did not infringe the plaintiff’s patent that had constituted a ‘product-by-process’ claim. The patent community is hoping for a more detailed order after the trial, as this will provide much-needed clarity on the scope of product-by-process claims.

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