Delhi High Court - Orders
Pfizer Inc & Ors vs Triveni Interchem Private Limited & Ors on 7 July, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:10.07.2022
18:09:11
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 442/2021
PFIZER INC & ORS. ..... Plaintiff
Through: Mr. Pravin Anand, Ms. Tusha
Malhotra and Ms. Richa Bhargava,
Advocates. (M:9999954489)
versus
TRIVENI INTERCHEM PRIVATE LIMITED & ORS..... Defendants
Through: Mr. Shailendra Pratap Singh,
Advocate for D-1 & 2.
(M:9871381699)
Mr. Rajshekhar Rao, Sr. Advocate
with Mr. Naman Joshi, Mr. Guneet
Sidhu and Mr. Neeraj Arora,
Advocates for D-3. (M:8283818896)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 07.07.2022 I.A.10246/2022 (u/O XXXIX Rule 2A CPC)
1. This is an application under Order XXXIX Rule 2A CPC filed on behalf of the Plaintiffs.
2. The allegation in the application is that contrary to the order passed by this Court on 21st October, 2021, the Defendants have put up new listings of the pharmaceutical preparation PALBOCICLIB. The Defendants were restrained in the following terms vide the said order:
"(i) Defendant Nos. 1 and 2 are restrained from making, selling, distributing, advertising, exporting or importing or in any manner directly or indirectly dealing with any product, which has, as an CS (COMM) 442/2021 Page 1 of 3 Signature Not Verified Digitally Signed By:Devanshu Signing Date:10.07.2022 18:09:11 ingredient, Palbociclib or any pharmaceutically acceptable salt thereof, as would infringe the plaintiffs' suit patent IN 218291.
(ii) Defendant Nos. 1 and 2 are further directed to remove, from their websites, any indication that they are marketing or offering for sale Palbociclib or any pharmaceutically acceptable salt thereof, forthwith.
(iii) Defendant Nos. 1 and 2 are directed to remove any references to products claimed under the subject matter of the suit patent IN 218291 from their websites and to ensure that the said product is not sold or advertised by them through any third party's websites."
3. It is submitted that the fresh listings contain images that depict an altered colour scheme in the packaging of the product 'Palbociclib', which is violative of the Plaintiffs' patent no. IN 218291.
4. The Court has perused the online listings, which are extracted in the application. It is clear that the Defendant No.1 - Triveni Interchem Private Limited, has uploaded fresh listings of the product 'Palbociclib', on Defendant No. 3 - IndiaMart Intermesh Ltd. 's, online platform. Defendant No. 2 i.e Triveni Chemicals, is a sole proprietorship of Mr. K. K. Singh.
5. Mr. Rao, ld. Counsel appearing for IndiaMart submits that his client would take down the fresh listings within 24 to 48 hours. It is made clear that if the Plaintiffs give notice of any further fresh listings to IndiaMart, the said listings shall also be taken down within 48 hours.
6. Insofar as the Defendant Nos.1 & 2 are concerned, the said Defendants shall file a specific reply as to the manner in which these listings came to be put up by them on IndiaMart, especially with the altered packaging, as this Court is prima facie of the view that the changing of the CS (COMM) 442/2021 Page 2 of 3 Signature Not Verified Digitally Signed By:Devanshu Signing Date:10.07.2022 18:09:11 packaging shows deliberate and conscious conduct of the Defendant Nos.1 & 2.
7. Accordingly, Mr. Kamlesh J. Singh shall file a specific affidavit in response to the said contempt application within two weeks.
8. Mr. Kamlesh J. Singh shall also remain present in Court on the next date of hearing.
9. List on 16th September, 2022.
CS (COMM) 442/2021
10. It is noticed from the record that there is no written statement on behalf of the Defendant Nos.1 & 2. However, a copy of the written statement, which has been served upon ld. Counsel for the Plaintiffs, shows that the same has been verified by one Shri Kamlesh J. Singh, who is the Director of Defendant No.1 and who is also Respondent No.4 in the contempt application being I.A 10246/2022.
11. Accordingly, list on 16th September, 2022.
PRATHIBA M. SINGH, J.
JULY 7, 2022/dk/ss CS (COMM) 442/2021 Page 3 of 3