Gujarat High Court
Unison Pharmaceuticals Pvt Ltd vs Novartis Ag & on 7 July, 2015
Author: Akil Kureshi
Bench: Akil Kureshi
C/AO/189/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL FROM ORDER NO. 189 of 2015
With
CIVIL APPLICATION NO. 7190 of 2015
In
APPEAL FROM ORDER NO. 189 of 2015
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UNISON PHARMACEUTICALS PVT LTD....Appellant(s)
Versus
NOVARTIS AG & 1....Respondent(s)
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Appearance:
MR HARSHIL SHAH, ADVOCATE for the Appellant(s) No. 1
MR RR SHAH, ADVOCATE for the Appellant(s) No. 1
MR MIHIR THAKORE, SENIOR ADVOCATE assisted by MR JATIN Y
TRIVEDI, CAVEATOR for the Respondent(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
Date : 07/07/2015
ORAL ORDER
1. This Appeal from Order is filed by the original defendant challenging an ex parte injunction order dated 01.04.2015 passed by the learned District Judge, Ahmedabad (Rural) below application Exh.5 in Regular Civil Suit No.3 of 2015. The opponents herein-original plaintiffs have filed the said suit alleging attempt on part of the opponent to breach their patent rights in connection with the medicines produced by them with the Page 1 of 4 C/AO/189/2015 ORDER formulation containing Vildagliptin exclusively or with Metformin Hydrochloride in combination or Vildagliptin in combination with any other compound or formulation. The trial Court granted ex parte injunction in following terms:-
"9. It is hereby ordered ex-parte that the defendant by itself, or through its directors, group company, associates, divisions, assigns in business, licenses, franchisees, agent, distributors and dealers from using, manufacturing, importing, selling offering for sale, exporting, directly or indirectly, dealing in pharmaceutical products component or formulation containing Vildagliptin alone or Vildagliptin + Metformin Hydrochloride in combination or Vildagliptin in combination with any other compound or formulation or in any other from till next day of hearing dated 10/04/2015.
Compliance of the Order XXXIX Rule III of C.P.C. to be made within 3 days from the date of order.
Now, next hearing, be fixed on 10th April, 2015, for further proceeding. Direct service is permitted."
2. Learned Counsel Shri R.R.Shah for the appellant-original defendant stated that the appellant company has no immediate plans for manufacturing or Page 2 of 4 C/AO/189/2015 ORDER selling the suit product ever which the plaintiffs have obtained patent. According to him, the purpose for filing this Appeal from Order at this ex parte stage was that on the basis of the interim injunction granted by the Court below, the reputation of the appellant company may suffer.
3. On the other hand, learned Counsel Shri Mihir Thakore for the opponents-original defendants submitted that the order passed by the trial Court is mere ex parte order, which was served on the defendants in the first week of April 2015. The defendants appeared and sought time. At this stage therefore this Appeal from Order may not be entertained.
4. This brief background perhaps may not have been entirely necessary to record. However, I did so in order to clarify the rival stand. This is so because learned Counsel Shri R.R.Shah for the appellant made a statement that the appellant company has merely applied for necessary licences for manufacturing certain drugs. The company has no intention to manufacturing and selling any of the suit products over which the plaintiffs have obtained patent either till the patent is over or in case of its termination earlier than the period for which the patent is granted. In that view of the matter, both sides agree that the entire suit itself can be put an end Page 3 of 4 C/AO/189/2015 ORDER to. For such purpose, I permit the appellant to approach the trial Court with necessary pursis, declaring on record the statement made before me. Upon which it may even be possible for the trial Court to finally dispose of the suit. With these observations, the Appeal from Order is disposed of along with Civil Application.
(AKIL KURESHI, J.) SHITOLE Page 4 of 4