Delhi High Court - Orders
Novartis Ag & Anr vs Medipol Pharmaceuticals India Pvt Ltd & ... on 11 January, 2022
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 501/2021 & I.A. 13256/2021, I.A. 13257/2021
NOVARTIS AG & ANR. ..... Plaintiffs
Through Mr. Hemant Singh, Ms. Mamta
Jha, Mr. Saif Rahman Ansari, Ms. Sonal
Bajaj, Advs.
versus
MEDIPOL PHARMACEUTICALS INDIA PVT LTD & ANR.
..... Defendants
Through Mr. Praveen Singh and Mr.
Andreya Fernandes, Advs. for D-2
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 11.01.2022
(Video-Conferencing)
I.A. 13256/2021 in CS(COMM) 501/2021
1. The plaint alleges infringement, by the defendants, of the suit patent IN 233161 ('IN 161', in short), held by the plaintiff in respect of Eltrombopag Olamine.
2. It is claimed that the defendants are manufacturing and marketing Eltrombopag Olamine and, thereby, infringing the plaintiff's suit patent.
3. Summons were issued in the suit and notice were issued in interlocutory application. The suit has been directed to be listed for Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 501/2021 Page 1 of 4 Signing Date:14.01.2022 11:22:06 completion of pleadings before the Joint Registrar (Judicial) on 8th March, 2022.
4. Notice in IA 13256/2021, preferred by the plaintiff, under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, seeking interim reliefs, was directed to be served by all modes including dasti on Defendant 1, as the address provided for Defendant 1 was located within Delhi.
5. Mr. Praveen Singh, learned Counsel for Defendant 2, undertakes, on behalf of his client, not to commercially launch Eltrombopag Olamine under any brand name or trade name, till the next date of hearing. He submits that he would be filing an affidavit to the said effect.
6. He is directed to do so within a period of one week from today and his client shall remain bound by the undertaking tendered by him in court today.
7. The process server has filed a report, qua Defendant 1, stating that the said defendant is no longer present at the address provided in the plaint.
8. Mr. Hemant Singh, learned Counsel for the plaintiff, points out that this address was taken by him from the declarations submitted by Defendant 1 before the authorities in response to the tender floated by them, as contained in page 455 of the documents filed with this suit.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 501/2021 Page 2 of 4 Signing Date:14.01.2022 11:22:069. On the said page, the Defendant 1 has declared its registered office to be the office provided in the memo of parties where, according to the report of the process server, the defendant is no longer located. An alternate factory address has also been provided being 1199/3, Baddi, District Solan, Himachal Pradesh.
10. The plaintiff is accordingly directed to file an amended memo of parties incorporating the Baddi address of Defendant 1.
11. The issue on merit stands covered by my recent decision in Novartis AG v. Natco Pharma Ltd. 1 as the plaintiff's rights to suit patent IN 161 have been confirmed and it has been held that manufacture or marketing by any entity of Eltrombopag Olamine would infringe the suit patent.
12. In view thereof, a clear prima facie case exists in favour of the plaintiff.
13. Till the next date of hearing, therefore, the defendants, their agents or all other persons acting on their behalf, including their dealers and distributors, shall stand restrained from manufacturing, marketing, selling, importing or exporting or otherwise dealing in Eltrombopag Olamine, being the subject matter of suit patent IN 161 held by the plaintiff, which continues to remain alive till date.
12021 SCC OnLine Del 5340 Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 501/2021 Page 3 of 4 Signing Date:14.01.2022 11:22:06
14. Issue fresh notice to Defendant 1 at the aforesaid Baddi address, returnable on 5th April, 2022.
15. Reply to this application may be filed by defendants within four weeks, with advance copy to learned Counsel for the plaintiff, who may file rejoinder thereto, if any, before the next date of hearing.
16. The defendants are also directed to place on record, by an affidavit, the figures relating to the stock of Eltrombopag Olamine that have been manufactured by them in the past as well as the stock which is presently lying with the defendants.
I.A. 13257/2021 in CS(COMM) 501/2021
17. In view of the aforesaid order, Mr. Hemant Singh, learned Counsel for the plaintiff, does not press this application for the present.
18. The application is dismissed as not pressed.
C. HARI SHANKAR, J JANUARY 11, 2022 dsn Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 501/2021 Page 4 of 4 Signing Date:14.01.2022 11:22:06