Friday, 22 November 2013

US firm Kibow Biotech loses patent battle for kidney drug

US-based Kibow Biotech, which specialises in patented and proprietary probiotic dietary supplements for kidney and immune health, lost its Indian patent titled prebiotic and probiotic compositions and methods for use in gut-based therapies. This comes after a revocation petition filed by a domestic pharma company.
The Intellectual Property Appellate Board (IPAB), in its latest order, revoked the patent, which deals with a pharma composition and its method of use in the kidney patients registered by Kibow Biotech, citing lack of invention.
Kibow Biotech secured two US patents on the same as well as international patents under the Patent Cooperative Treaty (PCT) in India, Australia, Canada, China, Europe, Japan and Korea. The Indian patent was granted in April 2007.
The order follows a patent battle between Kibow Biotech and Gujarat-based La Renon Healthcare. Kibow Biotech filed a civil suit before the Madras high court against La Renon Healthcare, alleging infringement of the impugned patent, while seeking a restraint order to curb the competition in the market from the latter, a major competitor.
Though the suit was dismissed by the court in 2011 due to non-maintainability under Section 599 of the Companies Act, the court, said the plaintiff was entitled to bring a fresh suit after curing the defects of the Act.
As posted in Financial Express by Sajan C Kumar
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