SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Del) 1783

MANMOHAN SINGH
ROCHE PRODUCTS (INDIA) PVT. LTD. – Appellant
Versus
DRUGS CONTROLLER GENERAL OF INDIA – Respondent


Advocate Appeared:
Mr. Rajiv Nayar and Mr. Sandeep Sethi, Senior Advocates with Ms. Niti Dixit, Mr. Darpan Wadhwa, Ms. Samiksha Godiyal, Mr. N. Mahavir, Ms. Roshni Namboodiry, Mr. Tanmay Singh, Mr. Anugrah Robin Frey, Advs.
Mr. Sanjay Jain, ASG with Mr. Amit Mahaan, CGSC and Mr. Krishanu Barua, Mr. Harish Salve, Dr. Abhishek M. Singhvi Advocates and Mrs. Pratibha M. Singh, Senior Advocates with Mr. Vijay K. Sondhi, Mr. Mayank Grover, Ms. Cauveri Birbal, Mr. Anshul Sehgal, Mr. Arjun Sawhney, Ms. Pallavi Sharma & Ms. Suhasini Raina, Advs. And Dr. C.S. Vaidyanathan and Mr. Amit Sibal, Senior Advocates, Mr. Nirupam Lodha, Ms. Gayatri Roy, Mr. Ayush Dhawan and Ms. Rhyea Malik, Advs. Ms. Rameshwari, Adv.

JUDGMENT :

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























































































































































































































































































































































































































































































































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top