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OMP No. 89 of 2022 in COMS No. 08 of 2022 "a) Restrain the respondent, by itself, its directors, partners, licensees, stockists 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 advertising, launching, making, using, offering for sale, selling, importing and/or exporting the medicinal product, Linagliptin in any form whatsoever including Linagliptin API, Linagliptin formulation, "Linagliptin Tablet" and/or "Linagliptin + Metformin Hydrochloride Tablets" or any "generic version" thereof or any product sold under the trade marks/brand names "LINANEXT" and "LINANEXT-M" 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 subsists;"

OMP No. 93 of 2022 in COMS No. 09 of 2022 "a) Restrain the respondents, by themselves, their directors, partners, licensees, stockists 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 advertising, launching, making, using, offering for sale, selling, importing and/or exporting the medicinal product, Linagliptin in any form whatsoever including Linagliptin API, Linagliptin formulation, "Linagliptin Tablet" and/or "Linagliptin + Metformin Hydrochloride Tablets" or any "generic version" thereof or any product sold under the trade marks/brand names "EMLINZ 5" and "EMLINZ M 500" 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;"

OMP No. 97 of 2022 in COMS No. 10 of 2022 "a) Restrain the respondent, by itself, its directors, partners, licensees, stockists 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 advertising, launching, making, using, offering for sale, selling, importing and/or exporting the medicinal product, Linagliptin in any form whatsoever including Linagliptin API, Linagliptin formulation, "Linagliptin Tablet" and/or "Linagliptin + Metformin Hydrochloride Tablets" or any "generic version" thereof or any 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, .

product is a compound claimed and covered in Claim 1 of IN' 301, whereas, with regard to IN' 719, it was mentioned that Linagliptin, as mentioned in the carton of the infringing product was a compound "claimed and encompassed" in Claim 1 of IN' 719. Learned Senior Counsel by taking the Court through the plaint, which has been filed by defendant/non-applicant No. 2 stated that in more than 10 places, it was averred by the plaintiffs/applicants that whereas Linagliptin was a compound "claimed and encompassed" in Claim 1 of IN' 719, the same, i.e., Linagliptin was a compound claimed and covered in Claim No. 1 of IN' 301. On these bases, it was submitted that it was never held out at any stage by the plaintiffs that Linagliptin was a compound "covered in Claim of IN' 719" and plaintiffs/applicants have always claimed Linagliptin to be covered in Claim 1 of IN' 301. On these bases, he submitted that as there was no merit in the contentions of the defendants/non-applicants, the interim prayer being prayed for, be granted. Learned Senior Counsel has also relied upon the following judgments:-