Setback to Novartis: Delhi HC Rejects Cross-Examination Request in Post-Grant Patent Dispute
- byDoctor News Daily Team
- 26 September, 2025
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New Delhi:The Delhi High Court on Tuesday sharply criticised Novartis AG's belated attempt to cross-examine opponents' experts in a post-grant patent opposition, describing the company's petition as "complete hogwash" and a "dilatory tactic." Justice Manmeet Pritam Singh Arora held that Novartis had consciously waived its right to cross-examination by not seeking it at the proper stage and dismissed all related writ petitions. The matter arose from Patent IN’518, granted to Novartis on December 14, 2022, after dismissal of pre-grant oppositions. Subsequently, the Indian Pharmaceutical Alliance (IPA), Micro Labs, and IPCA Laboratories filed post-grant oppositions, challenging the patent’s validity on grounds including lack of inventive step and Section 3(d) of the Patents Act. In March 2025, the Opposition Board recommended revocation of the patent. Novartis challenged this before the High Court, which allowed the company to file rebuttal evidence and directed a fresh consideration by a reconstituted Opposition Board. Novartis filed rebuttal evidence in June 2025, but the Board again recommended revocation on July 14, 2025. On the same day, Novartis filed a Rule 128 petition seeking cross-examination of the opponents’ experts. Novartis contended that cross-examination was a matter of right under Section 79 of the Patents Act and Rule 62, and argued that denial of this opportunity violated principles of natural justice. The company claimed it had consulted its own experts and could not have filed the request earlier. The Court rejected these arguments, noting: The High Court also addressed Novartis’ plea of natural justice: The Court highlighted Novartis’ conduct during the Controller’s hearings: Finally, the Court described the Rule 128 petition as: Justice Arora concluded: To view the order, click the link below:
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