HC refuses to bar AET Lab on drug for chemotherapy-induced nausea, vomiting
This story was originally published at 11:50 IST on 29 September 2025
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NEW DELHI – Rejecting an interim injunction plea by Helsinn Healthcare SA, the Delhi High Court has refused to restrain a German company Alfred E. Tiefenbacher GmbH & Co. KG. and its wholly owned Indian subsidiary AET Laboratories Pvt. Ltd. from manufacturing, selling drugs for treatment of chemotherapy-induced nausea and vomiting.
"...on both parameters of territorial jurisdiction as well as quia timet action, the plaintiff has failed to make out a prima facie case for grant of interim injunction," said the high court. It also lifted the ad-interim injunction granted by the court against the respondents by an order dated Dec. 23. An ad-interim injunction is an emergency, temporary court order that prohibits a party from taking a specific action or requires them to perform a specific action until a more formal hearing can be held to decide on the matter.
The high court was hearing a suit by Helsinn Healthcare seeking a decree of permanent injunction restraining the defendants from infringement of the plaintiff's patent on compositions and methods for treating centrally mediated nausea and vomiting. The patent concerns an oral dosage form comprising Netupitant and Palonosetron hydrochloride, which is equivalent to treating chemotherapy- induced nausea and vomiting.
The petitioner, a Swiss pharmaceutical company, manufactures and markets an oral dosage form comprising Palonosetron and Netupitant, which is protected under the claims of the patent, under the mark 'AKYNZEO'. In India, the plaintiff has entered into an exclusive licence arrangement with its Indian partner, Glenmark Pharmaceuticals Ltd., to market 'AKYNZEO' in the country. The plaintiff, through its Indian partner, had obtained the regulatory approval for commercialising 'AKYNZEO' in India and commercially launched the same in May 2018.
In September 2024, Alfred E. Tiefenbacher approached the plaintiff for business discussions regarding a fixed-dose composition tablet form comprising Netupitant and Palonosetron for the treatment of chemotherapy-induced nausea and vomiting, which the respondent was developing, and planned to commercially launch in the European Union market. The plaintiff thereafter came across the product list available on the website of Alfred E. Tiefenbacher for the same treatment, wherein it has been advertising it in the category of 'under development' drugs.
Alfred E. Tiefenbacher is using the plaintiff's product 'AKYNZEO' as a reference product for its dosage form on its product list as well as the patent application filed by it, said Helsinn Healthcare. AET Laboratories is involved in manufacturing the given product in India and exporting the same to Alfred E. Tiefenbacher for the European market, said the petitioner. End
Reported by Surya Tripathi
Edited by Deepshikha Bhardwaj
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