SUN PHARMACEUTICALS VS. FERRING PHARMACEUTICALS

31 Aug, 2011

Leading Indian firm, R K Dewan & Co, is representing Ferring Pharmaceuticals in its infringement case versus Sun Pharmaceuticals, in which the Ld. Ahmednagar District Court Judge had granted an Interim Injunction in favour of the latter. The judgement was reversed by the Appellate Court.

 

It all began with Sun Pharmaceuticals filing a suit against Ferring for the infringement of their registered mark, AEROTIDE, in the Ahmednagar District Court. Ferring is the proprietor of the mark FEROTIDE. Sun Pharmaceuticals discontinued their drug AEROTIDE in April 2006.

 

Ferring Pharmaceuticals filed an Appeal in the Aurangabad High Court against the Impugned Order of the Ahmednagar District Court. The Ld. High Court Judge, Justice Borde quashed the Impugned Order on the ground that both the drugs AEROTIDE and FEROTIDE were entirely different with regard to their composition, nature, characteristics and the ailments for which they were prescribed.

 

AEROTIDE was an inhaler disk and FEROTIDE is an intravenous injection. Hence Interim Injunction granted by the Ahmednagar District Court was reversed and vacated by the Aurangabad High Court in favour of Ferring Pharmaceuticals.

 

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