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2009 Supreme(Del) 497

S.MURALIDHAR
F. HOFFMANN-LA ROCHE LTD. – Appellant
Versus
CIPLA LTD. – Respondent


Advocates Appeared:
Dr. A.M. Singhvi, Senior Advocate, Mr. Parag. P. Tripathi, Senior Advocate with Mr. Raman Kapur, Mr. Manish Kumar, Mr. Jayant Mehta, Mr. Aditya Kant, Mr. Amit Kumar, Mr. Amey Nargolkar, & Ms. Arti Gupta, Advocates for appellant No. 1. Mr. A.S. Chandhiok, Senior Advocate, Mr. Jayant Nath, Senior Advocate with Mr. Raman Kapur, Mr. Manish Kumar, Mr. Jayant Mehta, Mr. Aditya Kant & Mr. Amit Kumar, Advocates for appellant No. 2.
Mr. Arun Jaitley, Senior Advocate with Mr. S. Majumdar, Ms. Prathiba M. Singh, Ms. Bitika Sharma, Mr. Saurabh Mishra & Ms. Saya Chowdhary, Advocates.

Dr. S. Muralidhar, J.

1. This appeal by the Plaintiffs F. Hoffmann-La Roche Ltd. (`Roche’) and OSI Pharmaceuticals Inc. (`OSI’) is directed against the judgment dated 19th March, 2008 passed by the learned Single Judge of this Court dismissing I.A. No. 642/2008 filed by them in their suit CS (OS) No.89/2008, thereby declining their prayer for grant of an interim injunction to restrain the Defendant/Respondent Cipla Limited from manufacturing, offering for sale, selling and exporting the drug Erlotinib, for which the plaintiff No. 2 claimed to hold a patent jointly with Pfizer Products Inc. The impugned judgment nevertheless put the defendant to terms including furnishing an undertaking to pay damages to the plaintiffs in the event of the suit being decreed, to maintain accounts of the sale of its product Erlocip, file in the court quarterly accounts along with the affidavit of one of its directors, and to file in the court annual statement of the sales of Erlocip duly authenticated by its chartered accountants on the basis of its records, including the sales tax and excise returns.

2. For convenience, the appellants are referred to as the plaintiffs and the respondent as the d



































































































































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