Bayer Corporation And Anr vs M/S.Bdr Lifescience Private Limited ... on 9 January, 2019

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Bombay High Court

Bayer Corporation And Anr vs M/S.Bdr Lifescience Private Limited ... on 9 January, 2019

Bench: S.J. Kathawalla

kpd                                         1    / 2               924-COMIP-104-2012.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION
                              IN ITS COMMERCIAL DIVISION
                         COMMERCIAL IP SUIT NO. 104 OF 2012
Bayer Corporation and another                          ...         Plaintiffs
         Versus
M/s. BDR Lifescience Private Limited and another       ...         Defendants
                                          WITH
                              COUNTER CLAIM NO. 3 OF 2014
                                          WITH
                           COMMERCIAL SUIT NO. 92 OF 2012

Mr. Ramesh Gajria alongwith Mr. Sanjay Kumar, Ms. Deepa Hate instructed by
Gajria & Co. for the Plaintiffs.
Mr. Piyush Pande instructed by Kartikeya and Associates for the Defendants.


                                       CORAM :   S.J. KATHAWALLA, J.

DATED : 9 th JANUARY, 2019 P.C.:

1. Perused the Order dated 8th January, 2019. In Line 2 of the said Order, "20 th February, 2020" be read as "12th January, 2020".

2. Heard the Learned Advocates appearing for the parties and the following order is passed by consent :-

(i) The Defendants undertake that they are not currently making, using, selling, offering to sell, importing and exporting, (i) Sorafenib/Sorafenib Tosylate; (ii) Any product comprising Sorafenib/Sorafenib Tosylate; and (iii) Any other compund or product falling within the scope of the subject patent 215758. ::: Uploaded on - 10/01/2019 ::: Downloaded on - 11/01/2019 03:21:19 :::

 kpd                                            2   / 2               924-COMIP-104-2012.doc

(ii)     The Defendants undertake that until the subject patent 215758 expires on

12.01.2020, they shall not make, use, sell, offer to sell import or export, (i) Sorafenib/Sorafenib Tosylate; (ii) Any product comprising Sorafenib/Sorafenib Tosylate; and (iii) Any other compound or product falling within the scope of the subject patent 215758.

(iii) The Defendants seek to withdraw the Counter Claim No.10 of 2014 filed against the validity of the subject patent 215758 in the above suit and undertake not to further challenge its validity, during the term / period of validity thereof. Ordered accordingly.

(iv) The undertakings recorded hereinabove are accepted and the above Commercial IP Suit No.104 of 2012, Commercial Suit No.92 of 2012 and Counter Claim No. 3 of 2014 are accordingly disposed off.

(v)      Refund of Court fees, if any, as per rules.




                                                         ( S.J.KATHAWALLA, J. )




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