Natco Pharma Limited vs Bristol Myers Squibb Company And Anr on 12 October, 2022

[Cites 3, Cited by 1]

Delhi High Court - Orders

Natco Pharma Limited vs Bristol Myers Squibb Company And Anr on 12 October, 2022

Bench: Jyoti Singh

                          $~31 & 32
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          31
                          +    C.O.(COMM.IPD-PAT) 21/2022
                                 NATCO PHARMA LIMITED                     ..... Petitioner
                                             Through: Mr.      Guruswamy        Nataraj    and
                                             Mr. Shashikant Yadav, Advocates.

                                                        versus
                                 BRISTOL MYERS SQUIBB
                                 COMPANY AND ANR                       ..... Respondents
                                              Through: Mr. Pravin Anand, Ms. Prachi
                                              Agarwal, Ms. Ridhie Bajaj and Ms. Richa
                                              Bhargava, Advocates.
                          32
                          +      CS(COMM) 342/2019 & I.A. 8641/2021, 8847/2021
                                 BRISTOL MYERS SQUIBB HOLDINGS
                                 IRELAND AND ORS                       ..... Plaintiffs
                                              Through: Mr. Pravin Anand, Ms. Prachi
                                              Agarwal, Ms. Ridhie Bajaj and Ms. Richa
                                              Bhargava, Advocates.

                                               versus
                                 NATCO PHARMA                               ..... Defendant
                                               Through: Mr.      Guruswamy        Nataraj   and
                                               Mr. Shashikant Yadav, Advocates.
                                 CORAM:
                                 HON'BLE MS. JUSTICE JYOTI SINGH
                                                        ORDER

% 12.10.2022 C.O.(COMM.IPD-PAT) 21/2022 Let amended memo of parties be filed by the Petitioner within a period of one week from today.

C.O.(COMM.IPD-PAT) 21/2022 and connected matter Page 1 of 3 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:17.10.2022 21:10:13

Issue notice.

Ms. Prachi Agarwal, learned counsel accepts notice on behalf of Respondent.

Learned counsels for the parties jointly submit that since the petition being C.O.(COMM.IPD-PAT) 21/2022 and the suit being CS(COMM) 342/2019 relate to the same patent, the matters can be consolidated for the purpose of trial under Rule 7(xii) and Rule 26 of the Delhi High Court Intellectual Property Rights Division Rules, 2022.

Accordingly, the petition and the suit are hereby consolidated. Issues have been framed on 07.11.2019.

Evidence by way of affidavits have been filed. Additional issues were also framed on 09.12.2019. In view of the consolidation of the rectification petition, with the consent of the parties, following additional issue is framed:-

(vii) Whether the Indian Patent IN 247381 is liable to be revoked under Section 64 (1)(a), (e), (f) or (h) of the Patents Act, 1970? OPP Matters be placed before the learned Local Commissioner appointed by this Court vide order 07.11.2019, for the purpose of recording of evidence.

Parties shall coordinate with learned Local Commissioner for fixing the dates of recording of evidence.

Mr. Nataraj, learned counsel for Petitioner, on instructions, submits that the affidavit filed with the revocation petition will be treated as evidence by way of affidavit and no further affidavit is required to be filed.

List on 23.11.2022.

C.O.(COMM.IPD-PAT) 21/2022 and connected matter Page 2 of 3 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:17.10.2022 21:10:13

I.A. 8873/2019 (under Order 39 Rules 1 and 2 CPC, by Plaintiffs) in CS(COMM) 342/2019 Mr. Anand, learned counsel for Plaintiffs, on instructions, submits that the application is rendered infructuous, in view of the fact that the suit patent has expired on 17.09.2022.

Application stands disposed of as infructuous. I.A. 12365/2021 (under Section 151 CPC, by Plaintiffs) in CS(COMM) 342/2019 List for hearing on arguments on pro tem arrangement between the parties on 23.11.2022.

JYOTI SINGH, J OCTOBER 12, 2022/sn C.O.(COMM.IPD-PAT) 21/2022 and connected matter Page 3 of 3 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:17.10.2022 21:10:13

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Delhi High Court - Orders