The Court: The appellant assails an order dated 3 September, 2015
passed by the Assistant Controller of Patents and Designs rejecting
application no.1755/KOLNP/2010 on the ground of lack of novelty in view
of prior art D1, lack of inventive steps under section 2(1)(ja) and non-
patentability under sections 3(d) and 3(e) of the Patents Act 1970.
Briefly, the appellant is part of the GalenicaGroup of Companies, a
company established in 1927and incorporated in Bern, Switzerland. The
appellant is one of the world’s leading companies in the treatment of iron
deficiency and iron deficiency anemia. The appellant is also involved in the
development of innovative pharmaceutical products, particularly for use in
treatment of iron deficiency with or without anemia; treatments for
infectious diseases and consumer health products. The appellant has
through its comprehensive clinical and scientific development programs, put
in place an “Iron Replacement Product Portfolio”consisting of its products
Ferinject, Venofer, Maltofer as well as Velphoro. Velphoro is the marketed
product of the appellant which is covered and claimed by the Indian Patent
Application no.1755/KOLNP/2010.
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