MANMOHAN SINGH
Bristol-Myers Squibb Company – Appellant
Versus
J. D. Joshi – Respondent
MANMOHAN SINGH, J.
1. The plaintiffs have filed the above mentioned two suits for permanent injunction restraining infringement of Indian Patent No. 203937 and for damages against the defendants. The invention claimed by the plaintiffs inter alia for the treatment of cancer.
2. By way of this common order, I propose to decide the pending injunction applications filed by the plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 CPC in both the matters. The first suit was filed in November, 2009. The second suit was filed in April 2013 on the basis of fresh cause of action. The suit patent remains the same.
3. Both suits are quia time actions. The first suit, being CS No. 2303 of 2009, was filed against the defendants namely (i) Mr. JD Joshi, Director of defendant No. 2 and M/s MJ Chempharm Private Limited (now known as BDR Lifesciences Private Limited) as the plaintiffs have reasonable apprehension that the defendants are going to launch the generic product which would infringe the claims of IN 203937 and they may violate the exclusive rights of the plaintif
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