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2017 Supreme(Del) 823

BADAR DURREZ AHMED, SANJEEV SACHDEVA
CIPLA LIMITED – Appellant
Versus
NOVARTIS AG – Respondent


Advocates Appeared:
For the Appellant :Mr. P. Chidambaram, Mr. Abhishek Manu Singhvi and Ms. Prathibha M. Singh, Senior Advocates with Ms. Bitika Sharma, Ms. Namrita Kochhar and Mr. Harshit Saxena
For the Respondent:Mr. Gopal Subramaniam and Mr. CS Vaidyanatham, Senior Advocates with Mr. Hemant Singh, Ms. Mamta Jha, Dr Shilpa Arora, Mr. Talha and Ms. Anusha

JUDGMENT :

BADAR DURREZ AHMED, J.

1. The present appeal is directed against the judgment and/or order dated 09.01.2015 delivered by a learned Single Judge of this Court in IA 24863/2015 which was an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908. That application was filed in CS(OS) 3812/2014 which, in turn, had been instituted by the respondents/plaintiffs. The suit filed by the respondents was one for permanent injunction restraining infringement of patent No. 222346 granted under the Patents Act, 1970 (hereinafter referred to as ‘the said Act’) in favour of the respondent No.1/plaintiff No.1. The suit was also for rendition of accounts/damages, delivery-up etc. The respondent No.1 is a Swiss company and the respondent No.2 is an Indian company. The appellant, of course, is also an Indian company.

2. The entire controversy is with regard to ‘INDACATEROL’ in respect of which the respondent No.1 holds the said patent. The said respondents market the said ‘INDACATEROL’ under the name ‘ONBREZ’. ‘INDACATEROL’ is a bronchodilator and provides sympto


































































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