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COMS No. 16 of 2022 Issue notice to defendant, returnable for 12.09.2022. r OMP No. 537 of 2022 Notice in above terms. As prayed for, list on 12.09.2022.

Learned Senior 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 Court to Annexure-G which is an office memorandum dated 06.04.2022, issued by Ministry of Chemicals and Fertilizers, Department of Pharmaceuticals, Government of India, learned Senior Counsel states that information which has been provided in terms of the said office memorandum demonstrates that amongst the 67 local manufacturers mentioned therein, for the purpose of supply of drugs to the Procuring Agencies of the Central Government etc., the name of defendant is mentioned as a manufacturer of Linagliptin 5mg at Serial No. 31 (page-254 of the list of the .

documents), qua which the applicant/plaintiff No.1 has the "Subject Patent", duly registered in its favour. As per learned Senior Counsel, manufacturing of Linagliptin 5mg by the defendant and its marketing and sale by it is gross infringement of the "Subject Patent" of applicant No.1. Defendant neither has any Patent to manufacture Linagliptin 5mg nor it has 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 granted in favour of the plaintiffs, they will suffer from irreparable loss.

Having heard learned Senior Counsel for the applicants, as the Court is of the view that there exists a prima facie case for the grant of ad-interim order in favour of the applicants/plaintiffs till the next date of hearing, the non- applicant/defendant, is restrained 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 5mg", "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 Patent on October 5, 2010 in favour of applicant No.1. This order is subject to the compliance of the order 39 Rule 3 of the Code of Civil Procedure.
(Ajay Mohan Goel) Judge August 03, 2022 (vinod)