IN THE HIGH COURT OF DELHI AT NEW DELHI
MERCK SHARP AND DOHME CORPORATION and ANR
Through: Mr.Sudhir Chandra Agarwal, Sr.Advocate with Mr.Pravin Anand,
Mr.Dhruv Anand, Mr.Ashutosh Sreekumar and Ms.Udita, Advocates
APRICA PHARMACEUTICALS PRIVATE LIMITED
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
O R D E R
I.A. No.9969/2013 (for exemption)
Exemption allowed, subject to all just exceptions.
I.A. 9970/2013 (under Section 149 CPC)
This is an application under Section 149 CPC seeking extension of
time for deposit of the Court Fee of Rs.71000/-.
The Court Fee of Rs.71000/- be deposited within a week.
The application stands disposed of.
I.A. No.9968/2013 (under Order 39 Rule 1 and 2 CPC)
Plaintiff has filed the present suit for permanent injunction for
restraining the defendants from infringing the registered patent of the
plaintiff in respect of Sitagliptin and its derivatives salt.
The case of the plaintiffs is that the plaintiffs are the registered
patent holder in India for the said molecule and its derivative salts.
The learned senior counsel for the plaintiffs submits that the defendant
is seeking to launch medicine with the identical salt which would be an
infringement of the patent of the plaintiff. The case of the plaintiffs
is that the said molecule has been invented by plaintiff No.1who hold
patent in over 102 countries for the said drug. Huge investment has been
made in the invention of the said molecule and the sales in India alone
and are in crores and in case the defendants are able to launch their
product infringing the patent of the plaintiff irreparable loss and
injury would be caused to the plaintiff.
The plaintiff has established a prima facie case on merits and I am
of the view that in case ex parte injunction is not granted to the
plaintiff and defendant is able to launch the product, irreparable loss
and injury would be caused to the plaintiff which cannot be compensated
in terms of money. Balance of convenience is in favour of the plaintiff
Issue notice to the defendants, returnable on 13th August, 2013.
Till the next date of hearing, defendant, its directors, employees,
officers, servants, agents are restrained from selling, distributing,
advertising, exporting, offering for sale and in any other manner,
directly or indirectly, dealing in any product that infringes the subject
matter of the plaintiffs? Indian Patent No.209816. Provisions of Order
39 Rule 3 be complied with within three days.
Plaint be registered. Issue summons, returnable on 13th August,
2013 on PF and RC within a week.
SANJEEV SACHDEVA, J
JUNE 17, 2013/SV