Manmohan Singh, J.—

1. Two plaintiffs, namely, F. Hoffmann-La Roche Ltd. and OSI Pharmaceuticals Inc., have filed the suit for permanent injunction restraining infringement of patent, rendition of accounts, damages and delivery up through their duly constituted attorney, namely, Mr.Shivprasad Laud, against Cipla Ltd. Mumbai, having its office also at Delhi.

2. The plaintiff No.1 Company claims that it is one of the world‘s leading research-focused healthcare groups in the fields of pharmaceuticals and diagnostics. It is stated in the plaint that for the purpose of research and development, the said plaintiff engages inter alia into collaborative agreements and alliances with numerous partners and invests approximately 7 billion Swiss Francs in such activities.

3. It is averred in the plaint that the plaintiff No.2 jointly owns a patent with Pfizer Products Inc. in respect of a small drug molecule medically termed as a ?Human Epidermal Growth Factor Type-I/Epidermal Growth Factor Receptor (HER/EGFR) inhibitor which is popularly known as Erlotinib‘ (pronounced as err-lot-i-nib). This drug marked a major breakthrough and innovation in the treatment of cancer and is used to destroy some t

Click Here to Read the rest of this document