MANMOHAN SINGH
ROCHE PRODUCTS (INDIA) PVT. LTD. – Appellant
Versus
DRUGS CONTROLLER GENERAL OF INDIA – Respondent
MANMOHAN SINGH, J.
1. The plaintiffs filed the present suit for injunction against four defendants. By this order, I propose to dispose of the abovementioned pending applications.
2. The plaintiff No.1, Roche Products (India) Private Limited, a company incorporated under the Companies Act, 1956, as amended (the "Companies Act"), is an affiliate of plaintiff No.2, and is the importer and marketer of innovator molecule Trastuzumab in India. Trastuzumab is stated to be a biological drug used primarily for the treatment of HER 2 positive breast cancer. In India, Trastuzumab is sold under the brand names HERCEPTIN®, HERCLON™ and BICELTIS®. It is stated that Trastuzumab has become the accepted biological treatment for HER 2 positive breast cancer on a worldwide basis and enjoys a global reputation.
Plaintiff No.2, F. Hoffmann-La Roche AG, a joint stock company incorporated under the laws of Switzerland is an affiliate of plaintiffs No.1 and 3, and the manufacturer of innovator molecule Trastuzumab. Plaintiff No.3, Genentech Inc., a corporation incorporated in the State of Delawa
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