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Himachal Pradesh High Court

Boehringer Ingelheim International ... vs . on 15 March, 2024

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

.

Boehringer Ingelheim International GMBH and Anr. vs. Alventa Pharma Ltd. and Anr.

COMS No.14 of 2023 15.03.2024 Present: Mr. Ashok Aggarwal, Senior Advocate, with Dr. Sanjay Kumar, Advocate, Ms. Arpita Sawhney, Atul Jhingan and Arun Kumar Jana, Advocates, for the plaintiffs. Mr. Rahul Mahajan, Advocate, for the defendant No.1.

None for defendant No.2.

COMS No.14 of 2023 As per report of the Registry, defendants stand served. Mr. Rahul Mahajan, learned counsel has put in appearance on behalf of defendant No.1.

As none has put in appearance on behalf of defendant No.2, said defendant is ordered to be proceeded against ex parte.

By way of this application, preferred by the plaintiffs under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, the following interim relief has been prayed for:­ "a) Restrain the Respondents by themselves, their directors, licensees, stockiest and distributors, agents and/or anyone claiming through any of them, jointly and severally from infringing the patent rights of Applicant No. 1 under Indian Patent No. 268846 by launching, advertising making, using, ::: Downloaded on - 15/03/2024 20:39:33 :::CIS .

offering for sale, selling, importing and/or exporting the medicinal product, Empagliflozin in any form whatsoever including Empagliflozin API, Empagliflozin formulation, "Empagliflozin Tablets", "Empagliflozin + Metformin Hydrochloride Tablets" and/or "Empagliflozin + Linagliptin Tablets" or any "generic version"

thereof including Fixed Dose Combination of Empagliflozin + Linagliptin Tablets or any produce sold under the trade mark(s)/name(s) "GLYMAXBI" or any other trade mark/ name, whatsoever, or any other produce covered by the subject patent granted by the controller of Patents on September 18, 2015 in favour of Applicant No.1"

Learned counsel for defendant No.1, on instructions from Mr. Sandeep Sihag, Factory Manager and Authorized Signatory of Alventa Pharma Limited/ defendant No.1 who is present in the Court, has informed the Court that the drug qua which the patent is being claimed by the applicant was erroneously manufactured by defendant No.1, the same stands withdrawn from the market and stands destroyed as on date. Learned counsel further submits that in future no such drug qua which the patent is being claimed by the applicant, ::: Downloaded on - 15/03/2024 20:39:33 :::CIS .

shall be manufactured by defendant No.1.

As prayed for, list on 03.04.2024. In the meanwhile, defendant No.1 may file an affidavit mentioning therein what stands stated on its behalf by the learned counsel today before the Court.

             r                     (Ajay Mohan Goel)

                                         Judge
     March 15, 2024
          (Rishi)








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