Novartis A G & Anr vs Supermax Drugs And Pharmaceuticals ... on 18 August, 2022

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Delhi High Court - Orders

Novartis A G & Anr vs Supermax Drugs And Pharmaceuticals ... on 18 August, 2022

Bench: Prathiba M. Singh

                          $~10
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +                 CS(COMM) 511/2022
                               NOVARTIS A G & ANR.                          ..... Plaintiffs
                                            Through: Mr. Siddant Sharma, Advocate (M-
                                                     9557629905)
                                            versus
                               SUPERMAX DRUGS AND PHARMACEUTICALS PRIVATE
                               LIMITED & ANR.                            ..... Defendants
                                            Through: Mr. Tahir A.J., Advocate.

                                CORAM:
                                JUSTICE PRATHIBA M. SINGH
                                                    ORDER

% 18.08.2022

1. This hearing has been done through hybrid mode.

2. Vide previous order dated 28th July, 2022, the present suit had been decreed for the lifetime of Indian Patent No.237430 and the Defendants, as per their own submissions, were directed to refrain from manufacturing, selling and commercially offering for sale any pharmaceutical preparations consisting of API Nilotinib or Nilotinib Monohydrochloride Monohydrate or any other forms of Nilotinib. The Defendants were to also file an affidavit of stock and an affidavit undertaking compliance of the decree.

3. Pursuant to the same, the affidavit of compliance of order dated 28th July, 2022 has been filed by Mr. Chetan Bhatia, one of the Directors of Defendant No.1 and Mr. H.C. Goel, one of the partners of Defendant No.2. The affidavit by Defendant No.1 reads as under:

"i.We have not commercially launched any drug of Nilotinib, which is the subject matter of the suit patent IN 237430;

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:22.08.2022 11:13:25

ii. We do not intent to commercially launch any drug of Nilotinib until the expiry of the suit patent IN 237430; iii.Defendant No.1's participation at the tender issued by DGAFMS (Tender No. RC-22-23/22 dated 03.06.2022), is only to the extent of demonstrating 50,000 units of Nilotinib 200 mg tablets; iv. Defendant No.1 has not manufactured any batches of the drug Nilotinib."

4. The affidavit filed by Defendant No.2 reads as under:

"i.We have not commercially launched any drug of Nilotinib, which is the subject matter of the suit patent IN 237430;

ii. We do not intent to commercially launch any drug of Nilotinib until the expiry of the suit patent IN 237430; iii.Defendant No.2's participation at the tender issued by DGAFMS (Tender No. RC-22-23/22 dated 03.06.2022), is only as a representation on bhealf of Defendant No.1;

iv. Defendant No.2 has not manufactured nor has any capacity to manufacture any batches of the drug Nilotinib."

5. In view of the above affidavits, no further orders are called for. Matter need not be listed further.

PRATHIBA M. SINGH, J AUGUST 18, 2022 Rahul/MS Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:22.08.2022 11:13:25

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Delhi High Court - Orders