Fmc Corporation & Ors vs Natco Pharma Limited on 15 April, 2021

[Cites 1, Cited by 1]

Delhi High Court - Orders

Fmc Corporation & Ors vs Natco Pharma Limited on 15 April, 2021

Bench: C.Hari Shankar

                          $~34 (original)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     CS(COMM) 167/2021 and I.A.5210/2021, I.A. 5211/2021,
                                I.A.5212/2021

                                FMC CORPORATION & ORS.                ..... Plaintiffs
                                            Through: Mr. Sandeep Sethi, Sr. Adv. with
                                            Mr. Sanjay Kumar, Ms. Arpita Sawhney, Mr.
                                            Arun Kumar Jana, Mr. Harshit Dixit,
                                            Mr.Priyansh Sharma, Advs.

                                                   versus

                                NATCO PHARMA LIMITED                ..... Defendant
                                            Through: Mr.J Sai Deepak, Mr.Guruswamy
                                            Nataraj, Mr.Avinash Kumar Sharma, Mr.R.
                                            Abhishek and Mr.Ankur Vyas, Advs.

                                CORAM:
                                HON'BLE MR. JUSTICE C.HARI SHANKAR
                                            ORDER

                          %                 15.04.2021
                                      (Video-Conferencing)

                          I.A.5212/2021 (exemption)

1. Subject to the plaintiffs filing legible copies of any illegible documents on which they may seek to place reliance within two weeks from today, exemption is granted for the present.

2. The application is disposed of.

Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS (COMM) 167/2021 Page 1 of 4 Signing Date:19.04.2021 15:17:51

CS(COMM) 167/2021 and I.A.5210/2021, I.A. 5211/2021

1. Issue summons in the Suit and notices in I.A.5210/2021 and I.A.5211/2021. Summons/notice are accepted on behalf of the defendant by Mr. Natraj.

2. Mr. Sandeep Sethi, learned Senior Counsel for the plaintiffs seeks to distinguish the dispute in this suit with the dispute in CS(Comm) 611/2019 on the ground that the allegedly infringing product, in that suit, was Chlorantraniliprole (CTPR) per se whereas, in the present suit, the allegedly infringing products are intermediary products used by the defendant to manufacture CTPR. He has placed reliance, in this context, on pages 194 and 195 of the documents filed with the plaint, particularly on the chemical equation at the foot of page 195, in which "AC/BPC", according to Mr. Sethi, represents the product which is being infringed in the present case.

3. Mr. Sethi submits that the claim of the plaintiffs' patent which, according to the plaintiffs, has been infringed by the defendant, is at S. Nos. 4 to 6 of the claims constituting subject matter of Indian Patent 215218 ("IN 218", in short) and Claim no. 15 of the claims in IN 201307 ("IN 307", in short), at pages 38 and 123 of the documents filed by the plaintiffs.

4. Mr. J. Sai Deepak, learned Counsel for the defendant submits, on Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS (COMM) 167/2021 Page 2 of 4 Signing Date:19.04.2021 15:17:51 the other hand, that the present plaint is a mere abuse of the process of law. He submits that the prayer in CS (Comm) 611/2019 included all compounds covered by IN 307 and that, therefore, without moving any application under Order II Rule 2 of the CPC in CS (Comm) 611/2019, the present suit would not be maintainable at all. He submits that this suit is an oblique attack, on the part of the plaintiffs, to delay adjudication of the Order XXXIX application in CS (Comm) 611/2019, by having these suits consolidated

5. No such prayer for consolidation of the suits has been made by the plaintiff before me. Insofar as the maintainability of the present suit, in the face of the prayers in CS (Comm) 611/2019, is concerned, it would always be open to the defendant to contest the maintainability in the written statement filed by them or by any other means known to law.

6. As such, let written statement in response to the present suit accompanied by affidavit of admission/denial of the documents filed by the plaintiffs as well as replies to I.A.5210/2021 and I.A.5211/2021 be filed within four weeks with advance copy to learned Counsel for the plaintiffs who may file replication thereto, accompanied by affidavit of admission/denial of the documents filed by the defendant within two weeks thereof.

7. Re-notify before the Court on 16th July, 2021, on which date, subject to completion of pleadings therein, I.A. 5210/2021 would be Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS (COMM) 167/2021 Page 3 of 4 Signing Date:19.04.2021 15:17:51 taken up for hearing.

C.HARI SHANKAR, J APRIL 15, 2021/kr Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS (COMM) 167/2021 Page 4 of 4 Signing Date:19.04.2021 15:17:51

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Delhi High Court - Orders