Delhi High Court - Orders
Celagenex Research India Pvt Ltd vs Pharmak & Anr on 30 May, 2025
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 613/2025
CELAGENEX RESEARCH INDIA PVT LTD .....Plaintiff
Through: Ms. Anju Agrawal, Ms. Swati
Mittal, Ms. Manisha Singh, Mr.
Abhaj Pandey, Mr. Nishant Rai,
Mr. Gautam Kumar, Ms. Akhya
Anand, Mr. Dhruv Tandan, Mr.
Manish Aryan and Ms. Shivani
Singh, Advs.
versus
PHARMAK & ANR. .....Defendants
Through: Mr. Deepanjan Dutta, Adv. for
defendants.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 30.05.2025 I.A. 14682/2025 (Exemption from filing Court fee)
1. Vide the present application, under Section 151 of the Code of Civil Procedure, 1908 (CPC), the plaintiff seeks some time for filing the requisite Court fee.
2. The application is, for the reasons stated therein, allowed and plaintiff is grated time till tomorrow i.e., 31.05.2025 to file the requisite Court fee qua all the five suit patents.
3. Accordingly, the application stands disposed of.
CS(COMM) 613/2025 Page 1 of 22This 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 28/06/2025 at 00:46:45 I.A. 14681/2025 (Exp from pre litigation mediation)
4. Vide the present application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of the CPC, the plaintiff seeks exemption from pre-litigation mediation.
5. Considering the averments made in the present application, as also since the plaintiff is seeking ex parte ad interim injunction in an accompanying application, and in view of the judgment passed by the Hon'ble Supreme Court in Yamini Manohar v. T.K.D. Krithi 2024 (5) SCC 815, which has been followed by a Division Bench this Court in Chandra Kishore Chaurasia v. R. A. Perfumery Works Private Limited 2022:DHC:4454-DB, the plaintiff is exempted from instituting pre- litigation mediation.
6. Accordingly, the present application stands disposed of. I.A. 14680/2025 (Exemption)
7. Exemption allowed, subject to all just exceptions.
8. The application stands disposed of.
I.A. 14679/2025 (Additional documents)
9. Vide the present application under Order XI Rule 1(4) read with Section 151 of the CPC, the plaintiff seeks leave of this Court to file additional documents within thirty days.
10. The plaintiff will be at liberty to file additional documents within thirty days, albeit, after initiating appropriate steps, strictly as per the provisions of the Commercial Courts Act, 2015 read with Section 151 of the CPC and the Delhi High Court (Original Side) Rules, 2018.
11. Accordingly, the present application stands disposed of.
CS(COMM) 613/2025 Page 2 of 22This 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 28/06/2025 at 00:46:45 CS(COMM) 613/2025
12. Vide the present plaint, the plaintiff seeks grant of a permanent injunction restraining the defendants from infringement of its suit patents.
13. Let the plaint be registered as a suit.
14. Issue summons.
15. Learned counsel for the defendants appearing on advance service seeks, and is granted, thirty days for filing written statement(s). Written statement(s) be filed by the defendants along with affidavit of admission/ denial of documents of the plaintiff, without which the written statement(s) shall not be taken on record.
16. Replication(s) thereto, if any, be filed by the plaintiff within a period of fifteen days from the date of receipt of written statement(s). The said replication(s), if any, shall be accompanied by with affidavit of admission/ denial of documents filed by the defendants, without which the replication shall not be taken on record within the aforesaid period of fifteen days.
17. If any of the parties wish to seek inspection of any document(s), the same shall be sought and given within the requisite timelines.
18. List before the learned Joint Registrar for marking exhibits of documents on 15.09.2025. It is made clear that if any party unjustifiably denies any document(s), then it would be liable to be burdened with costs. I.A. 14678/2025 (Stay)
19. Vide the present application, the plaintiff seeks grant of an ex-parte ad-interim injunction restraining the defendants from infringing its suit patents.
20. As per the plaint and the arguments advanced by the learned CS(COMM) 613/2025 Page 3 of 22 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 28/06/2025 at 00:46:45 counsel for the plaintiff, plaintiff was established on 09.10.2019, with a vision of focusing on correcting the root cause or preventing the genesis and progression of lifestyle related diseases at cellular level.
21. The plaintiff submits that the suit patent IN'902 relates to synergistic nutritional compositions comprising therapeutically active nutrients alongwith pharmaceutically acceptable carriers for regulating myelination and axonal growth or regulating myelin and axon biology or regulating neural circuit function. The suit patent IN'902 provides potent nutritional composition comprising synergistic exogenous blend of agmatine (AGM) (decarboxylated Larginine) and inosine monophosphate (IMP) and salts thereof present in suitable weight ratio, along with pharmaceutically acceptable excipients. The said synergistic nutritional composition is useful for treating diseases or disorders related to traumatic injury in the central nervous system such as brain or spinal cord injury, or optic nerve lesions. Independent Claim of IN'902 as also the details thereof are enumerated as under:-
"1. A stable, synergistic composition for promoting axonal regeneration comprising therapeutically effective exogenous combination of crystalline form of inosine monophosphate and agmatine and salts thereof, wherein the inosine monophosphate salt and the agmatine salt are present in a weight ratio of 1:0.05 to 1 :2 along with pharmaceutically acceptable excipients, wherein the inosine monophosphate disodium salt hydrate is present in a range of 40% to 90% by weight of the total composition, and wherein the agmatine sulphate is present in a range of 10% to 55% by weight of the total composition. "CS(COMM) 613/2025 Page 4 of 22
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22. The problem addressed by invention IN'902 is that a spinal cord injury (SCI) remains a major challenge to neurological research. Progress in both basic and clinical research has shown that neurons and oligodendrocytes are equally susceptible to such injury. In injuries secondary to direct injury to the spinal cord, oligodendrocytes appear to be highly vulnerable to various harmful factors and eventually undergo apoptosis and due to the loss of myelinating cells, axonal demyelination is likely to affect the neural function of surviving axons. Recently, improved understanding of the pathological changes ongoing in oligodendrocytes following injury has shown that the demise of oligodendrocytes and subsequent axonal demyelination impairs the conductive capacity of surviving axons. Thus, a solution was needed that reduces oligodendrocyte death and improves axonal myelination and holds potential for the treatment of SCI. Axonal regeneration is a fundamental step in the process of recovering from spinal cord injury (SCI). However, the axons in the adult central nervous system (CNS) cannot regenerate easily, which primarily causes lack of adequate restorative therapy for the SCI.
CS(COMM) 613/2025 Page 5 of 22This 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 28/06/2025 at 00:46:45 Therefore, the need arose to fix the underlying cause of spinal cord or optic nerve injury which is nothing but related to axon and neuronal degeneration.
23. Agmatine is an antiproliferative molecule due to its suppressive effects on intracellular polyamine levels, whereas the aldehyde metabolite of agmatine is a potent inhibitor of iNOS. Surprisingly, the inventors of invention of IN' 902 observed that the complement system plays critical roles in development, homeostasis, and regeneration in the central nervous system (CNS) throughout life; however, complement dysregulation in the CNS can lead to damage and disease. Activation of the complement system thus, is important factor in the pathogenesis of inflammatory, neurodegenerative and cerebrovascular diseases. Administration of complement inhibitors has been shown reduction in the severity of the diseases like encephalomyelitis, cerebral ischemia, stroke, and neurodegenerative disorders that suggest an important pathogenetic role for complement. Activation of complement can occur along two possible pathways, the classical and alternative pathways both of which result in the formation of the membrane attack complex (MAC).
24. The formation of MAC contributes directly to neuronal injury and demyelination. Hence, there was an ongoing need for therapeutic compositions comprising bioactive compounds that can be used in the prophylaxis and/or treatment disorders mediated by an undesired activity of the complement system, which includes MAC deposition or assembly. Although there were some compositions known in the art which describe MAC inhibitors or complement system, it was observed that imbalanced levels of factors that promote cell death among newly generated CS(COMM) 613/2025 Page 6 of 22 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 28/06/2025 at 00:46:45 oligodendrocytes and activation of complement system are considerably major factors for inhibiting axonal sprouting and/or regeneration. Consequently, the need arises to survive the oligodendrocytes or promote oligodendrogenesis, myelinogenesis during or after SCI. Moreover, the renewal of myelin sheath around surviving demyelinated axons following injury in combination with complement inhibition is found to be vital repair strategy for CNS regeneration and functional recovery. Therefore, the inventors of IN'902 have developed innovative therapeutic intervention by introducing exogenous blend of naturally derived amino acid along with nucleoside monophosphate that shows synergistic and significant results in axonal regeneration without any side effects. According to the invention metallothionein is a key component of metals like Zn, Cu, Ni signaling system in cells. It is cysteine-rich, metal-binding proteins, acting as scavengers of toxic metal ions or reactive oxygen species. It 1s observed that iNOS-derived NO nitrosate metallothionein and thereby induce metals like zinc, copper, cadmium, or nickel release. This MT-NO interaction alters in metal homeostasis that leads to neuronal loss or increased susceptibility to oxidative stress and metal-induced neurotoxicity in the brain.
25. In the present invention, the agmatine (AGM) treatment boosts the regeneration of damaged oligodendrocytes, prevents myelin loss, and assists in enhancing axonal remyelination by suppressing iNOS mediated NO generation and ameliorates metal-binding capacity and plasticity of metallothioneine. Simultaneously or concomitantly inosine monophosphate (IMP) treatment prevents breakdown of neuronal tissue or injured nerves by inhibiting formation of membrane attack complex CS(COMM) 613/2025 Page 7 of 22 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 28/06/2025 at 00:46:45 (MAC) formation and complement activation. IMP mediated MAC inhibition prevents demyelination and microglia/macrophage activation. Further, Inosine crosses the cell membrane and, in neurons, activates Mst3b, a protein kinase that that regulates axon outgrowth. Further, the administration of inosine raises the serum uric acid (metabolic end product of inosine) levels that impact secondary pathology in nerve injury by directly preventing peroxynitrite-mediated cell toxicity or interfering with the acute inflammatory response. The instant synergistic nutritional composition is useful for treating diseases or disorders which are associated with demyelination, myelin sheath degeneration, axonal dysfunction, axonal damage, and axonal degeneration.
26. The suit patent IN'186 relates to synergistic nutritional composition of active ingredients for pain management, the suit patent IN'186 relates to synergistic nutritional composition for treating pain and pain related disorders, comprising specific combination of fatty acid amide compound and nitric oxide donor, wherein the fatty acid amide compound is palmitoylethanolamide and nitric oxide donor is naturally extracted inorganic nitrate/nitrite. Further the said synergistic composition is useful for treating neuropathic pain, particularly in the treatment of subject suffering with diabetic peripheral neuropathy and small fiber neuropathy. Independent Claim of Indian Patent IN' 186 as also details of suit patent is enumerated below:-
"1. A synergistic nutritional composition(s) comprising a therapeutic blend of palmitoylethanolamide (PEA) and standardized red spinach extract enriched with nitrate content, wherein the PEA and the standardized red spinach extract 27 enriched with nitrate content are present in a ratio of 1:0.1 to 1:5, along with pharmaceutically acceptable excipients."CS(COMM) 613/2025 Page 8 of 22
This is a digitally signed order.
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27. Problem Addressed by Invention of IN' 186 is that various drugs are used to combat neuropathic pain, though without reaching the desired level of success for the patient and the side effects induced by current prescribed pain- relieving drugs limit their use by making it impossible to reach effective dose levels. So, there is a need for effective and safe treatment options for patients suffering from neuropathic pain. Accordingly, research continues into new or alternative remedy for treating neuropathic pain in a manner that is long lasting, effective, with few side effects and good tolerability. The disabling human syndrome of neuropathic pain" is difficult complication of peripheral or central nerve injury or degeneration. A complex interaction between injured peripheral axons, sensory neurons and central nervous system signaling is intended to account for it. 'Nitric Oxide' (NO) may be involved in the mechanisms of pain generation and transmission throughout the central and peripheral CS(COMM) 613/2025 Page 9 of 22 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 28/06/2025 at 00:46:45 nervous systems (including brain and spinal cord and perivascular tissue and peripheral nerve terminals) and locally released pain mediators (including formation of inflammation and vascular edema). These novel observations prescribe new approaches to the phannacologic treatment of neuropathic pain, and other forms of chronic, intractable pam that are resistant to classical pharmacotherapy. The new strategies of pharmacologic pain treatment are increasing rapidly due to the availability of new drugs modulating the NO-activated cascade. To overcome the side effect of opioids and other analgesic substances in pharmacologic pain treatment, the inventors of the said suit patent have successfully formulated synergistic nutritional composition of fatty acid amide in presence of NO modulator.
28. The suit patent IN'765 relates to synergistic bioactive composition comprising naturally derived moieties for reliving neuropathic pain. Particularly, the suit patent IN'765 relates to potent bioactive compositions comprising of synergistic combination of fatty acid amide and pyrimidine nucleotides along with phannaceutically acceptable excipients; wherein the fatty acid amide is palmitoylethanolamide (PEA), the pyrimidine nucleotides are cytidine-5'-monophosphate (CMP) and uridine 5'- monophosphate (UMP). Further the said synergistic composition is useful for treatment of polyneuropathies, neuritides, myopathies, complex neuropathies, chronic inflammation, demyelinating polyneuropathy diabetic polyneuropathies, multiple sclerosis, spinal syndromes, and neuralgia. Independent Claim of Indian Patent IN'765 as also details thereof are enumerated below:-
"I. A synergistic bioactive composition(s) for rreating neuropathic CS(COMM) 613/2025 Page 10 of 22 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 28/06/2025 at 00:46:45 pain comprising an exogenous therapeutic blend of palmitoylethanolamide (PEA), cytidine-5'-monophosphate (CMP) , uridine 5'-monophosphate (UMP), pharmaceutically acceptable salts of CMP and UMP along with pharmaceutically acceptable excipients."
29. Problem Addressed by Invention of IN'765 is that Neuropathic pain is a chronic pain condition. It's usually the result of, or accompanied by, an injury, disease, surgery or infection. Neuropathic pain is caused by damage or inflammation of the nervous system. There are several known causes for neuropathic pain, which 34 include injury; spinal cord damage; diabetes; nerve compression (trapped nerve), such as in carpal tunnel syndrome or sciatica; nerve invasion by a tumor; infections such as shingles and HIV I AIDS; multiple sclerosis; stroke; some types of chemotherapy; and vitamin ' \ Bl2 or vitamin Bl (thiamine) deficiency. Currently, there are few active substances that affect the physiological regeneration of peripheral nerves. These active ingredients can include CS(COMM) 613/2025 Page 11 of 22 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 28/06/2025 at 00:46:45 pyrimidine nucleotides (uridine monophosphate and cytidine monophosphate). These naturally derived substances play an important role in the synthesis of phospholipids and glycolipids of neuron membranes, affecting the synthesis of myelin membranes and accelerate the regeneration of nerve fibers. Indeed, dietary pyrimidines (mainly cytosine and uracil derivatives) are able to pass into the circulation, where they are salvaged starting from their nucleosides (cytidine and uridine, respectively). It is observed that pyrimidine nucleotides show significant effect on regeneration of nerves, however infiltration of immune cells into the site of injury in response to damage to the PNS or CNS may cause inflammation to nervous system. The excessive inflammation in both the peripheral and central nervous system, may contribute to the initiation and maintenance of persistent neuropathic pain. 'Neuroinflammation' is detrimental when it manifests itself as multiple sclerosis (MS), amyotrophic lateral sclerosis (ALS), various 35 types of dementia, Huntington's disease, or other diseases. A wide range of neurodegenerative diseases, including those affecting the CNS, such as Alzheimer's disease (AD), Parkinson's disease (PD), ALS, and MS, are associated with chronic inflammation. Although inflammation may not be the initiating factor, emerging evidence suggests that sustained inflammatory responses involving microglia and astrocytes contribute to disease progression. To reduce the extent of neuroinflammation, anti- inflammatory agents such as NSAIDs are usually prescribed but there are several adverse effects associated with administration of synthetic drugs, therefore there is a need for biologically active, naturally derived agents that can considerably reduce the nerve damage induced inflammation.
CS(COMM) 613/2025 Page 12 of 22This 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 28/06/2025 at 00:46:45 There are limited drugs or dietary supplements reported in the art which are effective in neuroregeneration as well as neuroinflarnmation. By exploring potential areas of neuropathic pain associated with pain control and nerve regeneration, the present inventors have developed efficient nutritional remedy comprising combination of bioactive molecules that synergistically result in improvement in nerve health by ameliorating neuroregeneration and simultaneously controlling neuroinflammation.
30. The suit patent IN'245 relates to synergistic compositions of bioactive agents for improving female cellular health and the suit patent IN'245 relates to the synergistic composition comprising therapeutic blend of 1-ergothioneine and nicotinamide mononucleotide and salts thereof along with pharmaceutically acceptable excipients. The said composition is useful in the treatment of female infertility. Independent Claim of Indian Patent IN'245 as also the details thereof are enumerated below:-
"1. A bioactive composition(s) for improving female cellular health, wherein the composition comprises a therapeutic blend of L- ergothioneine and Nicotinamide mononucleotide or salts thereof present in the weight ratio of 1: 100 to 1: 1000 along with pharmaceutically acceptable excipients."CS(COMM) 613/2025 Page 13 of 22
This is a digitally signed order.
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31. Problem Addressed by Invention of IN'245 is that Female infertility is one of the major reproductive health issues affecting majority of women worldwide. Infertility is commonly caused by problems with ovulation. Many factors can increase a woman's risk of female infertility and general health conditions, genetic (inherited) traits, lifestyle choices and age can all contribute to female infertility. Specific factors can include age, Hormone issue that prevents ovulation, Abnormal menstrual cycle, Obesity, being underweight, low body-fat content from extreme exercise., Endometriosis, problems with the fallopian tubes, uterus, or ovaries), Uterine fibroids. Cysts, Tumors, Autoimmune disorders (lupus, rheumatoid arthritis, Hashimoto's disease, thyroid gland conditions), Sexually transmitted infections (STis), Polycystic Ovary Syndrome (PCOS), Primary Ovary Insufficiency (POI), Excessive substance use heavy drinking), Smoking, DES syndrome, A past ectopic (tubal) 39 pregnancy. It is observed that sirtuins play a significant role in both the formation and the course of many gynecological diseases. Their role is widely investigated in terms of disturbances observed in the ovary and oocyte as well as in follicular fluid. Moreover, sirtuins participate in some CS(COMM) 613/2025 Page 14 of 22 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 28/06/2025 at 00:46:45 gynecological disturbances as regulative factors in pathways associated with insulin resistance, glucose, and lipid metabolism disorders. SIRTI i.e., sirtuin (silent mating type information regulation 2 homolog) I is a nicotinamide adenine dinucleotide (NAD)-dependent histone deacetylase which plays an important role in protecting cells from reactive oxygen species. Enhancing SIRTI activity may have the potential to ameliorate fertility in PCOS, diabetes, endometriosis, xenobiotic stress, and aging. Interestingly, Sirtl depletion alters Nuclear factor erythroid-2- related factor 2 [Nrf2] expression in oocytes. Nuclear factor erythroid- 2-related factor 2 (NRF2) is a transcription factor that regulates the expression of antioxidants that protect against oxidative damage. Stimulation of Nrf2 signals plays a crucial role in ameliorating pregnancy insults, wherein Nrf2 activation can also be induced by controlling DNA damage or cell apoptosis. SIR Tl and Nrf2 activation have been explored as promising strategy to enhance the success of assisted reproductive techniques like in vitro fertilization (IVF) and more prominently in comorbid conditions
32. The suit patent IN'383 relates to novel synergistic bioactive composition for modulating choline dehydrogenase activity, useful in managing the treatment of neural tube defects 5 (NTDs), attention and cognitive dysfunction, infant processing speed, visuospatial memory, congenital disabilities, and attention deficit hyperactivity disorder. Particularly, the bioactive composition comprises exogenous blend of 2- Hydroxy-N,N,N trimethylethanaminium or precursors thereof and Methylene tetrahydrofolate reductase (MTHFR) regulators and salts thereof in specific ratio along with pharmaceutically acceptable excipients. Independent Claim of Indian Patent IN'383 and details thereof are as CS(COMM) 613/2025 Page 15 of 22 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 28/06/2025 at 00:46:45 follows:-
"1. A bioactive composition comprising: therapeutically active exogenous blend of 2-Hydroxy-N,N,N-trimethylethanaminium or its precursors and salts thereof and Methylenetetrahydrofolate reductase (MTHFR) regulators and salts thereof along with pharmaceutically acceptable excipients wherein 2-hydroxyN,N,N trimethylethanaminium or precursors thereof and (MTHFR) regulators or salts thereof are present in the weight ratio of 1: 0.001 to 1:1"
33. Problems addressed by IN'383 is that human choline dehydrogenase (CHD) is of great interest due to its association with various pathologies, including male infertility, homocystinuria (HCU) and cancer. Human CHD is a nuclear encoded, mitochondrial enzyme involved in choline metabolism. Choline is important for regulation of gene expression, the biosynthesis of lipoproteins and membrane phospholipids and for the biosynthesis of the neurotransmitter acetylcholine; glycine betaine plays important roles as a primary intracellular osmo-protectant and as methy 1 CS(COMM) 613/2025 Page 16 of 22 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 28/06/2025 at 00:46:45 donor for the biosynthesis of methionine from homocysteine, a required step for the synthesis of the ubiquitous methyl donor S-adenosyl methionine. It is observed that choline can modulate methylation via betaine homocysteine methyltransferase (BHMT). Choline is also an essential dietary nutrient with functions like as a source of labile one carbon units (CH3, methyl); as a component of lipids including phosphatidylcholine, sphingomyelin, and lipid mediators such as platelet activating factor; and as a component of the neurotransmitter acetylcholine.
34. The inventors of IN'383 carried out thorough experiments to establish significant effects of the active ingredients or vitamin or quaternary ammonium compounds or nutrients or methyl donors that ameliorate therapeutic efficacy in the treatment of congenital birth defects/ fetal development. The inventors astonishingly found that the modulation of CHD activity improves the fetal development by potentiating choline requirement and balancing the one carbon metabolism during the pregnancy. To meet the requirement, the inventors developed 46 novel composition that synergistically acts on CHO enzyme and improves the fetal development. The invention of IN'383 provides a bioactive composition for modulating Choline Dehydrogenase [CHD] activity comprising therapeutically active exogenous blend of 2- Hydroxy-N,N,N- trimethylethanaminium or its precursors and salts thereof and Methylenetetrahydrofolate reductase (MTHFR) regulators and salts thereof, along with pharmaceutically acceptable excipients.
35. As such the plaintiff has been marketing the composition of suit patents as follows:-
CS(COMM) 613/2025 Page 17 of 22This is a digitally signed order.
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36. The defendant no.1, Phannak is a proprietorship firm based at No.144, Ground Floor & First Floor, Samson Saroja Street, Golden George Nagar, Nerkundram, Chennai-600107, India and is being operated by Mr. K. Babu. The defendant No.2, Viencee Pharma Science is a proprietorship firm based in Kodithandalam, Pukkathurai Post, Kancheepuram Dist- 603308, India and is being operated by Mr. Ram Kumar. The defendant No.2 is manufacturing the said impugned products for defendant No.1.
37. In the month of April 2025, the plaintiff had come across certain products NURIPALM, PALMINEW, Palmein-Plus, OVACURE and CS(COMM) 613/2025 Page 18 of 22 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 28/06/2025 at 00:46:45 CHOLIFOL available in the market that use proprietary compositions of plaintiff and are hence were found infringing the suit patents. The plaintiff made a purchase of the infringing products on April 23, 2025 from Delhi.
38. Upon bare investigation of the labels of above impugned products, it was borne out to the plaintiff that defendants have been copying the identity of plaintiff's patented products and the infringing products are priced at the same price as that of plaintiff's products. Apart from label comparison, the plaintiff carried out a comparison of the compositions of infringing products manufactured and marketed by defendants' vis a vis plaintiff's patented products, which is also reproduced hereinbelow:-
Nutritional Claim of the Nutritional Claim of the
Plaintiff's Products Defendants' Products
NUREWIRE NURIPALM
1.Inosine Monophosphate Inosine Monophosphate
(500mg). (500mg).
2. Agmatine/ decarboxylated 1- 2. Agmatine (250mg)
arginine (250mg) 3. L-Carnosine (50 mg)
3. L- Carnosine (50 mg)
JUVIANA PALMINEW
1.Palmitoylethanolamide 1.Palmitoylethanolamide
(300mg) (300mg)
2. Red spinach extract (103 mg) 2. Red spinach extract
containing Inorganic Nitrate (103 mg)
containing Inorganic
Nitrate
JUVIANA PLUS PALMEIN-PLUS
1.Palmitoylethanolamide 1.Palmitoylethanolamide
(300mg) (300mg)
2. Cytidine monophosphate (2.5 2. Cytidine
mg) monophosphate (2.5 mg)
3. Uridine monophosphate (1.5 3. Uridine monophosphate
mg) (1.5 mg)
CS(COMM) 613/2025 Page 19 of 22
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 28/06/2025 at 00:46:45 EQOQ OVACURE
1. Nicotinamide mononucleotide 1. Nicotinamide (250 mg) mononucleotide (250 mg)
2.L-ergothioneine (L-EGT) 2.L-ergothioneine (L-
(0.5mg) EGT) (0.5mg)
CHEERFOL CHOLIFOL
1.Choline (450 mg) 1.Choline (450 mg)
2. L-Methylfolate calcium (1mg) 2. L-Methylfolate calcium
(1mg)
39. In view of the aforesaid, the learned counsel for the plaintiff pray that an ad interim injunction may be granted in its favour.
40. Issue notice.
41. Learned counsel for the defendants appearing on advance notice accepts notice, and opposes to the grant of ad-interim injunction in the favour of the plaintiff and seeks time to file a reply.
42. This Court has heard the learned counsel for the parties and perused the documents on record.
43. For adjudication of the present lis the packaging containing the salts composition of the defendants and that of the plaintiff is reproduced below:-
CS(COMM) 613/2025 Page 20 of 22This 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 28/06/2025 at 00:46:45 CS(COMM) 613/2025 Page 21 of 22 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 28/06/2025 at 00:46:45
44. In view of all the above specifically the comparative table hereinabove, prima-facie it is borne out that all the impugned products of the defendants are using exactly the same salt composition(s) as that of the plaintiffs. That raises a doubt in the minds of this Court, more so, since the plaintiffs have the Patent involved, duly registered in their name and the same is indeed valid and subsisting as on date. As such prima-facie the defendants seemingly are infringing the suits patents of the plaintiff.
45. Accordingly, in view of the above, there exists a prima facie case in favour of the plaintiff and with balance of convenience tilting in their favour and they will incur irreparable loss and injury if an ex parte ad interim injunction is not granted in the favour of the plaintiff.
46. Accordingly, till the next date of hearing, defendants, their directors, servants, promoters, agents, dealers, distributors or anyone acting for and on their behalf, in or from India, or any other entity through which they may be doing business in India are refrained from using, manufacturing, selling, offering for sale, distributing, advertising or in any manner dealing with the infringing products namely NURIPALM, PALMINEW, PALMEIN-PLUS, OVACURE, and CHOLIFOL or any other product that infringes plaintiff Indian Patent Nos. 398902, 401186, 415765, 550245 and 540383.
47. Reply(ies), if any, be filed within four weeks. Rejoinder(s) thereto, if any, be filed within two weeks thereafter.
48. List before Court on 04.09.2025.
SAURABH BANERJEE, J MAY 30, 2025/bh CS(COMM) 613/2025 Page 22 of 22 This is a digitally signed order.
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