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Himachal Pradesh High Court

Boehringer Ingelheim Pharma Gmbh & ... vs Zee Laboratories Ltd. And Another on 1 September, 2022

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

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Boehringer Ingelheim Pharma GmbH & Co.KG Versus ZEE Laboratories Ltd. and another COMS No.20 of 2022 01.09.2022 Present: M/s Ashok Aggarwal and Vinay Kuthiala, Senior Advocates, with Dr. Sanjay Kumar, Ms. Arpita Sawhney, Mr. Atul Jhingan and Mr. Priyansh Sharma, Advocates, for the plaintiffs.

COMS No.20 of 2022 Issue notice to the defendants, returnable for 27.10.2022.

OMP No.624 of 2022 Notice in above terms. As prayed for, list on 27.10.2022.

Learned counsel for the plaintiffs has drawn the attention of the Court to the documents filed alongwith the plaint and he states that the applicant/ plaintiff No.1 is holder of Indian Patent 243301 (hereinafter referred to as "the Subject Patent" or "IN '301'). He further states that the date of grant of Patent is 05.10.2010. As the date of filing of the Patent is 18.08.2003, therefore, this Patent has life up to 18.08.2023. By drawing the attention of the ::: Downloaded on - 01/09/2022 20:14:08 :::CIS .

­2­ Court to Annexure­G, copies of phonographs of original carton/strips pack of the infringing product and website Annexure­H, r of to copies defendant of No.2 printouts reflecting from the the infringing product therein. As per learned Senior Counsel, manufacturing of Linagliptin 5mg and Linagliptin Metformin by the defendant No.1 and its marketing and sale by the defendant No.2 is in gross infingment of the "Subject Patent"

of applicant No.1. Defendants neither have any Patent to manufacture Linagliptin 5mg nor they have been granted any licence by applicant No.1 to do so. Accordingly, he submits that as prima facie case and balance of convenience is in favour of the plaintiffs, therefore, in case, interim order, as prayed for, is not grnated in favour of the plaintiffs, they will suffer from irreparable loss.

Having heard learned Senior Counsel for the applciants, as the Court is of the view that there exists a ::: Downloaded on - 01/09/2022 20:14:08 :::CIS .

­3­ prima facie case for the grant of ad­intrim order in favour of the applicants/plaintiffs till the next date of hearing, the non­applicants/defendants are restrained themselves, their directors, partners, licensees, stockists r by and distributors, agents and/or anyone claiming through any of them, jointly and severally from infringing the patent rights of applicant No.1 under Indian Patent No.243301 by making, using, offering for sale, selling importing and/or exporting the medicinal product, Linagliptin in any form whatsoever including Linagliptin API, Linagliptin formlation, "Linagliptin 5mg", "Linagliptin Tablet" and/or "Linagliptin+ Metformin Hydrochloride Tablets" or any "generic version" threof or any trade mark(s) brand name(s), "LINAZEE 5" and "LINAZEE DUO", or any other trade mark(s)/brand name(s), whatsoever, or any other product covered by the subject patent granted by the Controller of Patents on October 5, 2010, in favour of Applicant No.1 subsists. This order shall be subject to the ::: Downloaded on - 01/09/2022 20:14:08 :::CIS .

­4­ compliance of provisions of Order 39, Rule 3 of Code of Civil Procedure by the plaintiffs.

       September 01, 2022

          (Rishi)
                          to              (Ajay Mohan Goel)
                                                Judge









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