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The plaintiffs filed the above suit seeking for the following reliefs "(i) a decree for permanent injunction restraining the defendant, by itself or through its directors, group company, associates, divisions, assigns in business, licensees, franchisees, agents, distributors and dealers from using, manufacturing, importing, selling, offering for sale either through website http://www.nutraforlife.com or by any other means, exporting, directly or indirectly dealing in Active Pharmaceutical Ingredient (API), Pharmaceutical products, or formulation containing Vildagliptin alone or Vildagliptin in combination with any other compound or API or in any other form as may amount to infringement of Indian Patent No.212815 of the plaintiff No.1;

(ii) a decree for delivery up of all the stock of infringing pharmaceutical formulations, compound of combinations comprising Vildagliptin alone and/or Vidagliptin in combination with any other compound or formulation available with the defendant to an authorized representative of the plaintiffs;

(iii) an order for rendition of accounts of profits earned by the defendant for manufacture and sale of infringing pharmaceutical products or formulation or combination containing Vildagliptin alone or Vildagliptin in combination in any form and a decree for the amount so found due may be passed or in the alternative damages may be ascertained by the Hon'ble Court and a decree for damages as ascertained may be passed in favour of the plaintiffs and against the defendant;

(iv) Cost of the proceedings.

2. Pending suit, the plaintiff filed O.A.No.435 of 2015 seeking for an ad-interim injunction restraining the respondent, by itself or through its directors, group company, associates, divisions, assigns in business, licensees, franchisees, agents, distributors and dealers from using, manufacturing, importing, selling, offering for sale either through website http://www.nutraforlife.com or by any other means, exporting, directly or indirectly dealing in Active Pharmaceutical Ingredient (API), Pharmaceutical products, or formulation containing Vildagliptin alone or Vildagliptin in combination with any other compound or API or in any other form as may amount to infringement of Indian Patent No.212815 of the plaintiff No.1/Applicant No.1.

5. The learned counsel appearing for the defendant submitted that the suit may be decreed in favour of the plaintiffs and against the defendant in view of the undertaking given by the defendant and also in terms of paragraph 41 of the plaint. Paragraph 41 of the plaint reads as follows:

The use, manufacture, import, export, offer for sale and sale of Vildagliptin API and/or pharmaceutical products containing Vildagliptin alone or in combination with any other compound, excipients or salts or substance, without prior permission and license/authorization from plaintiff No.1 would constitute infringement of Indian Patent No.212815 under Section 48 of The Patents Act, 1970. Additionally, the use, manufacture, import, export, offer for sale and sale of Vildagliptin in a pharmaceutical composition together with at least one pharmaceutically acceptable carrier or diluents would constitute use of the patented compound which is covered by claims 1,3,4 and 5 of the suit patent and infringement of Indian Patent No.212815 under Section 48 of the Patents Act, 1970 and is liable tobe injuncted being illegitimate and unlawful under the provisions of Section 108 of the said Act. Vildagliptin therefore cannot be manufactured, used, offered to be sold or sold either alone or in combination with other pharmaceutically acceptable salts as a formulation without prior permission, consent or license from plaintiff No.1."