IN THE HIGH COURT OF DELHI AT NEW DELHI
  
  
  
  CS(OS) 2282/2011
  
  
  
  VIFOR (INTERNATIONAL) LTD ..... Plaintiff
  
  Through: Mr.Praveen Anand, MsVaishali Mittal
  
  and Ms.Abhilasha Nautiyal, Advs.
  
  
  
  
versus
  
  
  
  D MOHAN RAO and ORS ..... Defendant
  
  Through:
  
  
  
  CORAM:
  
   HON'BLE MR. JUSTICE G.S.SISTANI
  
  
  
   O R D E R
  
   16.09.2011
  
  I.A. No.14817/2011
  
  This is an application filed by the plaintiff seeking exemption
  from filing clearer copies, original documents, English translations and
  certified copies.
  
  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
  renewed till
  
  CS(OS) 2282/2011 2/3
  
  
  
  
  
  2012. Hence, counsel for the plaintiff prays for an ex parte interim
  injunction.
  
  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
  days.
  
  
  
  G.S.SISTANI,J
  
  SEPTEMBER 16, 2011
  
  ssn
  
  CS(OS) 2282/2011 3/3
  
  
  
  12
  
  $