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Delhi High Court - Orders

Natco Pharma Limited vs Bayer Pharmaceutical Corporation And ... on 3 October, 2023

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                          $~12
                                          *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                          +                                  C.O.(COMM.IPD-PAT) 63/2022
                                                      NATCO PHARMA LIMITED                  ..... Petitioner
                                                                  Through: Mr. G. Nataraj & Ms. Varsha Jhavar,
                                                                           Advs. (M: 8999260150)
                                                                  versus

                                                      BAYER PHARMACEUTICAL
                                                      CORPORATION AND ANR                       ..... Respondents
                                                                     Through: Mr. Pravin Anand; Mr: Dhruv Anand;
                                                                              Ms. Udita Patro; Ms. Nimrat Singh,
                                                                              Advs. (M: 9313399860)
                                                                              Mr. Harish Vaidyanathan Shankar,
                                                                              CGSC, with Mr. Srish Kumar Mishra,
                                                                              Mr. Sagar Mehlawat, Mr. Alexander
                                                                              Mathai Paikaday, Mr. M Sriram and
                                                                              Mr. Krishnan V., Advs.
                                                      CORAM:
                                                      JUSTICE PRATHIBA M. SINGH
                                                               ORDER

% 03.10.2023

1. This hearing has been done through hybrid mode.

2. The present cancellation petition seeks revocation of Patent No. IN 240207. In the present petition, the pharmaceutical substance involved is 'Regorafenib' in respect of which two other suits are stated to be pending before this Court. The same are - CS(COMM) 343/2019 titled Bayer Healthcare LLC v. Natco Pharma Limited and CS(COMM) 660/2022 titled Bayer Healthcare LLC v. MSN Laboratories Private Limited.

3. Since the present revocation is in respect of the same very patent, it is deemed appropriate to consolidate this petition in terms of the Rule 26 of the This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/10/2023 at 22:09:29 Intellectual Property Division Rules, 2022 with the said suits, which are listed before the Joint Registrar on 11th October 2023.

4. At the time of case management hearing and framing of issues, the grounds raised in this petition shall also be considered and common evidence can be led by the parties.

5. List before the Joint Registrar on 11th October 2023 along with connected matters.

6. List before the Court on 19th March 2024.

PRATHIBA M. SINGH, J.

OCTOBER 3, 2023/dk/kt This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/10/2023 at 22:09:29