Pernod Ricard India Private Limited vs A B Sugars Limited & Anr. on 31 October, 2023
26. Relying on Novartis v. Adarsh Pharma24 , it is contended that
IMUK and Defendant 1 constitute a single economic unit.
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1 - 5 of 5 (1.07 seconds)Garware-Wall Ropes Ltd. vs Techfab India And 5 Ors. on 25 April, 2008
This view was followed in the case of Novartis AG v. Adarsh Pharma 2004 (29) PTC 108.
Wockhardt Ltd. vs Hetero Drugs Ltd. And Ors. on 8 September, 2005
6. The respective learned Counsel had elaborately argued on the law of process patent, product patent as well on the manufacturing licence including the grant of EMR. On a similar challenge, a learned single Judge of this Court in the decision in "Nevertis AG and Anr. v. Adarsh Pharma and Anr. 2004 (29) PTC 108 (MAD)", while considering the scope of EMR, held "that the grant of EMR is only by way of an interim measure and the same is granted to an applicant who has filed the patent claim. The learned Judge also held that though Section 24-A of the Patents Act, 1970 specifically excludes the operation of Section 12(1) of the act alone, inasmuch as the said section provides for an examination under Section 13, the requirements of Section 13 also shall stand excluded for the purpose of Chapter IV-A of the Act. The learned Judge also held that in view of the above exclusion of not only Section 12(1) but also Section 13, Section 64(1)(e) of the Act cannot be pressed into service to invalidate the EMR." Based on the above findings, the learned Judge proceeded to decide the issue and ultimately the applications for interim injunction were allowed.
Madhuri Refiners Pvt Ltd And Ors vs Omshree Agro Tech Private Limited And ... on 29 January, 2026
Similarly, the citation of Hon'ble High Court of Madras in
Novirts AG (Supra) is also distinguishable as the defendants in
the present case are the prior users of their trademark.
Wockhardt Limited vs Hetero Drugs Limited on 25 November, 2005
(iii) When a similar issue is raised before this Court between
the same parties, in respect of another product, a learned single Judge has
granted interim injunction, which is reported in 2004 (29) PTC 108 (Novartis
AG v. Adarsh Pharma) as follows :
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