HC bars K-Smatco from using process that infringes Frimline's anaemia patent
This story was originally published at 17:01 IST on 1 September 2025
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NEW DELHI – The Delhi High Court has restrained K-Smatco Lifesciences Pvt. Ltd. from selling its product Ferrotok Plus or using any process that infringes Frimline Pvt. Ltd.'s patent on the pharmaceutical composition for anaemia until final disposal of permanent injunction suit filed by the latter. The court issued summons to K-Smatco on Frimline's permanent injunction suit and placed the matter for hearing on Feb. 17.
"Therefore, by mapping the claims of the suit patent against each element of the defendants' product, the plaintiffs have established a strong prima facie case demonstrating infringement of the suit patent," said Justice Manmeet Pritam Singh Arora. K-Smatco has not explained how it came to adopt the formulation for their product, Justice Arora added.
K-Smatco's infringing acts are causing Frimline substantial loss, both financial and otherwise, said the court. Accordingly, the balance of convenience lies in favour of the plaintiff, said the court. Furthermore, if K-Smatco is not restrained, the sale of the allegedly infringing products is likely to cause further harm and damage to the plaintiff, the court added.
The case has its genesis from Frimline and its parent La Renon Healthcare Pvt. Ltd. jointly and separately manufacturing and marketing various products covering the patent on anaemia. The patent discloses and claims a pharmaceutical composition, which is a synergistic combination of 'lactoferrin' and one or more 'guanosine nucleotide' or a pharmaceutically acceptable salt thereof for the treatment of iron deficiency anaemia, anaemia of inflammation and neuro-degenerative disorders.
Frimline had launched its first product Ferronomic in 2018 incorporating the anaemia patent. In 2025, the plaintiff learnt of the presence of K-Smatco's product Ferrotok Plus in the market. From the information on the package of the infringing product, Frimline found the ingredients used therein clearly match the claims of its patent. End
Reported by Surya Tripathi
Edited by Ashish Shirke
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