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Astrazeneca Ab V. Westcoast Pharmaceutical Works Ltd.

The Court rejected the argument that para 19 of Alloys Wobben prohibits a patentee from suing for patent infringement till 1 year after grant of patent or till favorable culmination of post-grant opposition(s). Noting Para 19 to be obiter dicta, it was held that the proviso to s.11A of the Patents Act, only forbears institution of an infringement suit till a patent is granted.


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