IN THE HIGH COURT OF DELHI AT NEW DELHI
VIFOR (INTERNATIONAL) LTD ..... Plaintiff
Through: Mr.Praveen Anand, MsVaishali Mittal
and Ms.Abhilasha Nautiyal, Advs.
D MOHAN RAO and ORS ..... Defendant
HON'BLE MR. JUSTICE G.S.SISTANI
O R D E R
This is an application filed by the plaintiff seeking exemption
from filing clearer copies, original documents, English translations and
Let the clearer copies, original documents, English translations
and certified copies be filed within ten weeks from today.
Application stands disposed of.
CS(OS) 2282/2011 and I.A. No.14816/2011 (STAY)
Plaintiff has filed present suit for permanent injunction
restraining infringement of Indian Patent no.221536, delivery up,
rendition of accounts and damages. It is stated that the plaintiff through its comprehensive, clinical and scientific development programmes
has invented an iron replacement product portfolio consisting of its
product Ferinject?, Venofer? and Maltofer?.
Mr.Anand, also submits that the patent in the suit relates to the
plaintiff?s invention, which is novel water-soluble iron carbohydrate
complex and a process for preparing the same.
The certified copies of the plaintiff?s certificate for its Indian
patent No.221536 have been placed on record. It is submitted that
plaintiff has learnt recently that defendant no.1 who is also involved in
manufacture and marketing of bulk pharmaceuticals products, has launched
an infringing product ?iron carboxymaltose also known as ferric
carboxymaltose? from defendant no.1 and 2?s website www.symedlabs.com and
subsequently from the other third party websites wherein defendant is
advertising and offering for sale its infringing version of ferric
carboxymaltose compound also known as iron carboxymaltose. A screen shot
of the website of defendants showing their advertisement and offer for
sale of the infringing iron carboxymaltose has been reproduced in the
plaint. The plaintiff has also extracted a reference chart showing the
infringement by the defendant of the plaintiff?s patent. It is submitted
that the conduct of the defendant is also in violation of the provisions
of The Drugs and Cosmetic Acts 1940. Learned counsel also submits that
patent of the plaintiff is valid for 20 years since 2003 in India and is
CS(OS) 2282/2011 2/3
2012. Hence, counsel for the plaintiff prays for an ex parte interim
Issue summons in the suit and notice in the application to the
defendants, returnable on 15.12.2011.
I have heard counsel for the plaintiff and perused the plaint,
application and the documents and am satisfied that this is a fit case
for grant of ex parte injunction and in case ex parte injunction is not
granted, plaintiff will suffer irreparable loss and injury. Accordingly,
defendants, their directors, employees, officers, servants, agents are
restrained from making, selling, distributing, advertising including on
its website www.symedlabs.com and third party websites, exporting,
offering for sale, and in any other manner, directly or indirectly,
dealing in any product that infringes the subject matter of IN?536.
Provisions of Order 39 Rule 3 CPC be complied with within seven
SEPTEMBER 16, 2011
CS(OS) 2282/2011 3/3