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10.That the Defendant is in no way infringing the alleged registered Indian Patent No.209816 of the Plaintiff No.1 that covers amongst other molecules having an International Non-Proprietary Name (INN), Vildagliptin. The defendant does not manufacture Vildagliptin at all, nor has any plans to manufacture the said drug during the currency of the patent. There is neither any manufacture or sale nor any activity whatsoever undertaken by the Defendant in respect of the suit patent drug. Thus, there is no cause of action to institute the present suit against the defendant. The present is totally misconceived and is instituted only to harass the Defendant and to malign its name in the industry. The defendant reserves its right to institute appropriate proceedings against the plaintiffs to protect its interests.
60.In light of the above facts and circumstances, it is therefore prayed that this Hon'ble Court may be pleased to pass a judgment & decree for the following reliefs in favour of the Plaintiffs and against the Defendant :
a) for permanent injunction restraining the defendant, by itself or through its directors, group companies, associates, divisions, assigns in business, licensees, franchisees, agents, distributors and dealers from using manufacturing, selling, offering for sale through the website http://www.saimirra.com/Products3.aspx or any other means, importing, exporting, directly or indirectly dealing in Active Pharmaceutical Ingredient (API), pharmaceutical products, or formulations 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;
(b)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,
(c)the defendant be ordered to pay to the plaintiff a sum of Rs.25,00,000/- (Rupees twenty five lakhs) as damages for committing acts of infringement against plaintiff's registered patent;
(d)a decree for delivery up of all the stock of infringing pharmaceutical formulations, compound or combinations comprising Vildagliptin alone and/or Vildagliptin in combination with any other compound or formulation available with the defendant to an authorized representative of the plaintiffs;