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7.4 The plaintiff no. 2 obtained the requisite permission of the Drugs Controller General of India (hereinafter referred to as "DCGI") to import and market "Linagliptin Tablets" and "FDC of Linagliptin + Metformin Hydrochloride Tablets".

7.5 Linagliptin is an International Non-Proprietary Name (INN) of the product covered by the suit patent. WHO document "Recommended INN:

List 61", WHO Drug Information, Vol. 23 No. 1 (2009), 49-83 indicates the name Linagliptin, along with its chemical structure and chemical name, which is reproduced below:

8.3 It has been admitted on behalf of the plaintiffs in various proceedings before Courts in India and abroad that the compound Linagliptin is protected and covered by IN '719. The plaintiffs now cannot reprobate on the said admission and assert that Linagliptin is 'specifically claimed' only in the suit patent.

8.5 The plaintiffs have falsely pleaded that Linagliptin was never claimed in IN '719 in paragraph 15 of the plaint in CS(COMM) 236/2022. The plaintiffs have admitted before the Indian Patent Office that Linagliptin is a part of the inventive step of earlier IN '719 patent and for the grant of the said patent, also included Linagliptin in the list of 371 examples filed as a part of the reply to the FER to show alleged enhancement in efficacy. 8.6 The plaintiffs have suppressed documents that are material to the present dispute, including complete specification along with claims granted in respect of earlier IN '719 patent; FER issued by the Indian Patent Office qua IN '719 patent; and reply to the said FER filed by the plaintiffs.

8.10 The factum of plaintiffs instituting legal proceedings against various third parties, prior to the expiry of the genus patent IN '719 with respect to Linagliptin and asserting infringement of the genus patent IN '719 qua Linagliptin and its formulations, in itself amounts to an admission on part of the plaintiffs that the compound/ molecule Linagliptin and its formulations were "protected" by and "claimed" in IN '719.

8.11 The plaintiff no.1 filed a patent infringement complaint before the Canadian Federal Court asserting both the Canadian patents bearing no. CA 2435730 (equivalent to IN '719) and CA 2496249 (equivalent to IN '301), seeking to restrain a third party, Sandoz, from dealing directly or indirectly with Linagliptin.

10. Through the accompanying suit, the Plaintiffs seek to enforce its subject patents and restrain the Defendants from making, using, offering for sale, selling, importing and/ or exporting the medicinal product "Linagliptin Tablet" and/ or "Linagliptin + Metformin Hydrochloride Tablets" covered by the subject patents.
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19. It is submitted that the aforesaid acts of the Defendants, being inter alia, making, using, offering for sale and selling, the product, including Linagliptin/ Linagliptin Tablets covered by the subject patents and manufacturing the said product, are acts of infringement of Plaintiff No. l's exclusive rights in the subject patents.