Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Novartis Ag & Anr vs Eris Lifesciences Limited on 19 March, 2021

Author: Jayant Nath

Bench: Jayant Nath

                          $~OS-18
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     CS(COMM) 557/2020 and IA Nos. 12284/2020

                                NOVARTIS AG & ANR.                        ..... Plaintiffs
                                              Through    Mr.Hemant Singh, Ms.Mamta R.Jha
                                              and Mr.Ankit Arvind, Advs.
                                              versus
                                ERIS LIFESCIENCES LIMITED                 ..... Defendant
                                              Through    Mr.Rajeshwari H and Mr.Saif
                                              Rahman Ansari, Advs.

                                CORAM:
                                HON'BLE MR. JUSTICE JAYANT NATH

                                                    ORDER

% 19.03.2021 IA No. 4154/2021 (u/O 39 R 1 & 2 CPC)

1. This is an application filed by the plaintiffs seeking an injunction order to restrain the defendant, by itself or through its directors, etc. from manufacturing by itself or through third parties, importing, selling, offering for sale, exporting, directly or indirectly dealing in pharmaceutical composition comprising combination of valsartan or a pharmaceutically acceptable salt and a pharmaceutically acceptable carrier or more specifically a pharmaceutical composition comprising combination of sacubitril + valsartan as sodium salt complex/compound or in any other form as may amount to infringement of Indian Patent No. IN 229051.

2. Learned counsel for the defendant states that they will abide by the orders of the High Court for the State of Telengana dated 26.02.2021 read with the affidavit filed by the defendant on 04.01.2021.

3. Just to clarify, I may note that the High Court for the State of Telengana had on 26.02.2021 passed the following order:-

"37. For all the aforesaid reasons, there shall be interim injunction restraining the defendant/respondent, by itself or through its directors, group company, associates, divisions, assigns in business, licensees, franchisees, agents, distributors and dealers from using, manufacturing, importing, selling, offering for sale, exporting, directly or indirectly dealing in pharmaceutical composition comprising combination of valsartan or a pharmaceutically acceptable salt thereof and sacubitril or a pharmaceutically acceptable salt, and a pharmaceutically acceptable carrier or more specifically a pharmaceutical composition comprising combination of sacubitril + valsartan as sodium salt complex/compound or in any other form as may amount to infringement of Indian Patent No.229051 of the plaintiff No.1.

xxx

39. At this stage, it is represented by Sri Ashok Ram Kumar that before the status quo order was granted and after the transfer of the suit to this Court, the defendant has manufactured certain quantity of subject drug and they have expiry date and unless said stock is disposed of, grave prejudice will be caused to the defendant. He therefore submits that defendant may be permitted to sell the said quantity of drug. Having regard to this submission, defendant is permitted to sell the quantity of drugs already manufactured before the status quo order was granted by this Court on 11.12.2020. However, the defendant shall maintain account of the details of quantity of drugs already manufactured, sold in pursuant to this order and the sale proceeds. He shall furnish the details to the plaintiff No.1 and shall also file an affidavit to that effect in the suit. The permission to sell the drugs already manufactured is without prejudice to the claims of the plaintiffs and defendant in the suit."

4. As per the affidavit filed by the defendant dated 04.01.2021, the defendant has sold all the products mentioned in para 4 of the affidavit to the distributors/ stockist on a principal to principal basis.

5. Defendant will abide by the above order/statement made in the affidavit. The application stands disposed of.

JAYANT NATH, J MARCH 19, 2021 rb Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:24.03.2021 14:51:37