Bayer Seeks To Ward Off Xarelto Infringers In India
Bayer presses on with legal action to fend off alleged infringers of its patent on Xarelto in India. A hearing is expected shortly in one such case, which seemingly includes a settlement option. The German multinational also remains engaged in a keenly contested and controversial case around India’s Bolar exemption provision - the experimental use or early working exception.
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The Delhi High Court has rejected Bayer’s contention around certain key aspects of India’s Bolar provision – the experimental use or early working exception – and held that “sale” both within the country and abroad is permitted under these norms, subject to certain conditions.
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