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The plaintiff herein a Multinational Company involved in manufacturing of Pharma drugs. The present suit is filed alleging http://www.judis.nic.in C.S.No.282 of 2019 and A.No.3184 of 2019 infringement of its product patent “Linagliptin” by the defendant.

2. On receipt of the suit summon, the defendant has filed written statement, wherein, it is stated that it is true that it applied for license to manufacture the drug “Linagliptin Tablet” from the department of Drug Control and in December 2017, license was also issued for manufacturing the drug “Linagliptin Tablet”, though license to manufacture the said drug was obtained, they did not manufacture the said drug.

3. Meanwhile, on receipt of the suit summon on 23.04.2019, from the Court the defendant has surrendered the license to the Drug Controller vide letter dated 27.05.2019. The learned counsel for the defendant state that though the license to manufacture the drug “Linagliptin” was obtained by the defendant, there was no manufacturing or marketing of the said drug by the defendant. Therefore, there is no cause of action to sustain the suit.

4. From the suit records this Court finds that pending suit, pursuant to the application taken by the plaintiff, Mrs A.M.Amutha Ganesh, http://www.judis.nic.in C.S.No.282 of 2019 and A.No.3184 of 2019 Advocate was appointed as Commissioner to inspect the premises of the defendant. Accordingly, pursuant to the Commissioner warrant issued by this Court on 15.11.2019, the Advocate Commissioner has inspected the premises of the defendant along with the officials of Drug Control department on 23.12.2019. The Advocate Commissioner has submitted his report to this Court on 02.01.2020, wherein, the Advocate Commissioner has ascertained from the physical inspection of the defendant's premises as well as from the report of the Assistant Director of Drug Control, who accompanied him during the inspection that the defendant has not manufactured the product/formulation “Linagliptin Tablet” and/or “Linagliptin + Metformin Hydrochroride Tablets”.

5. From this report, the fact that the defendant has not manufactured the drug for which the plaintiff claims patent is established. Even the semblance of any attempt to manufacture the said drug has come to halt by surrendering the license on 27.05.2019.

6. Further the defendant has given an undertaking that he will not manufacture the drug “Linagliptin” as long as the plaintiff holds the exclusive patent right of the said drug. Therefore, it is obvious that no http://www.judis.nic.in C.S.No.282 of 2019 and A.No.3184 of 2019 infringement has occurred.