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Delhi High Court Grants First-Ever Anti-Anti-Suit Injunction in Pharma Patent Dispute
In a rare order, the Delhi High Court has issued an anti-anti-suit injunction restraining a foreign entity from seeking orders in overseas courts that would undermine Indian patent proceedings.
The Delhi High Court has broken new ground in international patent litigation by granting an anti-anti-suit injunction — a judicial remedy rarely invoked in Indian courts. The order prevents a multinational pharmaceutical company from pursuing proceedings in foreign jurisdictions that could restrain or undermine patent infringement proceedings pending in India.
The case involves a dispute over a blockbuster oncology drug, with the Indian generic manufacturer challenging the validity of the originator's Indian patent while the originator simultaneously sought injunctions in courts in the United States, the UK, and Germany.
The Court's reasoning
Justice observed that the parallel foreign proceedings constituted an attempt to "forum shop" and circumvent the jurisdiction of Indian courts. The judgment noted that Indian courts have both the competence and the obligation to adjudicate disputes relating to Indian patents.
"Comity of nations does not require Indian courts to defer when the very purpose of foreign proceedings is to neutralize Indian judicial processes," the Court held.
Significance for IP law
This is the first time an Indian court has issued an anti-anti-suit injunction in patent litigation. Legal practitioners note that it reflects the growing assertiveness of Indian courts in protecting their jurisdictional sovereignty in cross-border IP disputes.
International context
Anti-anti-suit injunctions have been granted by courts in the UK, Germany, and the US in the context of standard essential patents (SEPs) and FRAND licensing disputes. Their emergence in Indian pharma litigation signals the increasing complexity of global patent strategy.
The multinational company has indicated it will appeal the order before a Division Bench. Legal observers expect the appeal to further clarify the scope of Indian courts' inherent powers in managing multi-jurisdictional litigation.
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