Delhi High Court - Orders
Pfizer Inc & Ors vs West-Coast Pharmaceutical Works ... on 9 February, 2022
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 94/2022 & I.A. 2236/2022, I.A. 2237/2022, I.A.
2238/2022, I.A. 2239/2022, I.A. 2240/2022
PFIZER INC & ORS. ..... Plaintiffs
Through Mr. Pravin Anand, Ms. Tusha
Malhotra, Ms. Richa Bhargava, Advs.
versus
WEST-COAST PHARMACEUTICAL WORKS LIMITED
..... Defendant
Through Nemo
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 09.02.2022 (By Video Conference on account of COVID-19) I.A. 2240/2022 in CS(COMM) 94/2022
1. For the reasons stated in this application, exemption is granted from the requirement of pre-institution mediation.
2. The application is allowed accordingly.
I.A. 2239/2022 in CS(COMM) 94/2022
3. Subject to the plaintiffs filing legible copies of any dim or illegible documents on which they may seek to place reliance with a period of four weeks from today, exemption is granted for the present.
4. The application stands disposed of.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 94/2022 Page 1 of 5 Signing Date:10.02.2022 15:52:54I.A. 2238/2022 in CS(COMM) 94/2022
5. Subject to the plaintiffs filing affidavits duly notarised/attested by the Oath Commissioner within two weeks of resumption of normal court work, exemption is granted for the present.
6. The application is disposed of.
I.A. 2237/2022 in in CS(COMM) 94/2022
7. Subject to the right of the defendant to admit or deny the same, the plaintiff s may file additional documents within a period of four weeks from today.
8. The application is disposed of.
CS(COMM) 94/2022
9. Patents IN 218291, IN 249316, IN 243571 and IN 250050, are held by the plaintiff and asserted in the present plaint. IN 218291 covers claims the compound Palbociclib, whereas IN 249316, IN 243571 and IN 250050 claim the compound Crizotinib. These are stated to be drugs administered to treat cancer.
10. Mr. Anand Points out that interlocutory orders, protecting the suit patents and restraining infringers from infringing the patents have been passed by this Court on multiple occasions. Copies of the orders have also been placed on record.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 94/2022 Page 2 of 5 Signing Date:10.02.2022 15:52:5411. The plaintiff alleges that the defendant is inviting contract manufacturers to enter into contract with the plaintiff for manufacturing and marketing Palbociclib and Crizotinib, in which the plaintiff holds valid patents, without obtaining any licence from the plaintiffs.
12. One such communication, it is alleged, was received by one of the stockists of the plaintiff on 20th January 2022 from the defendant. A copy of the said communication is also placed on record.
13. Ordinarily, the products in question being anti-cancer drugs, the court would be hesitant to grant ex-parte interlocutory injunction. However, the plaintiff has placed on record several orders passed by the court, in which the suit patents forming subject matter of these proceedings stand protected by way of interim injunction.
14. No disputed issue of facts appears to arise, as the assertion in the plaint is that the defendant is, in fact, proposing to release into the market, Palbociclib and Crizotinib without obtaining licence from the plaintiff.
15. A prima facie case for grant of interim injunction, therefore, exists.
16. In view thereof, let the plaint be registered as a suit.
17. Issue summons in the suit.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 94/2022 Page 3 of 5 Signing Date:10.02.2022 15:52:5418. Written statement, accompanied by affidavit of admission and denial of the documents, filed by the plaintiffs, be filed by the defendant within four weeks, with advance copy to learned counsel for the plaintiffs, who may file replication thereto, if any, accompanied by affidavit of admission and denial of the documents filed by the defendant, within two weeks thereof.
19. List before the Joint Registrar (Judicial) for completion of pleadings, admission/denial of documents and marking of exhibits on 22nd April, 2022.
I.A. 2236/2022 (under Order XXXIX Rules 1 and CPC)
20. Issue notice, returnable before the Court on 4th May, 2022.
21. Notice be served by all modes.
22. Reply, if any, be filed within four weeks with advance copy to learned Counsel for the plaintiffs, who may file rejoinder thereto, if any, before the next date of hearing.
23. Till the next date of hearing, the defendant is restrained from releasing into the market or concluding or entering into any contracts with manufacturers for manufacture or marketing of Palbociclib, Crizotinib or pharmaceutically acceptable salts thereof, in which the plaintiff holds a valid suit patent. The defendant is also restrained from, directly or indirectly, marketing, manufacturing or releasing into Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 94/2022 Page 4 of 5 Signing Date:10.02.2022 15:52:54 the market Palbociclib, Crizotinib or its pharmaceutically acceptable salts, in formulations of any strength whatsoever.
24. This injunction shall extend to stocks which may be in the possession of the defendant as on date.
25. As this order has been passed ex parte, the plaintiff is directed to comply with the provision of Order XXXIX Rule 3 CPC.
26. Dasti.
C. HARI SHANKAR, J.
FEBRUARY 9, 2022 dsn Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 94/2022 Page 5 of 5 Signing Date:10.02.2022 15:52:54