JUDGMENT :

S. MURALIDHAR, J.

1. Notice. Ms. Archana Shankar, learned counsel accepts notice on behalf the Respondent/Plaintiff. With the consent of learned counsel for the parties, the appeal has been heard finally.

2. This appeal by the Defendant in C.S. (COMM) No.343/2019 is directed against the order dated 5th July, 2019 passed by the learned Single Judge in I.A. No.8878/2019 in the said suit whereby, inter alia, the Appellant was restrained from infringing Indian patent IN No. 240207 held by the Respondent/Plaintiff.

3. The Respondent, which is part of the Bayer Groups of Companies, filed the aforementioned suit against the Appellant/Defendant for permanent injunction to restrain it from making, using, selling, distributing, advertising, exporting, offering for sale and in any other manner directly or indirectly dealing with any product that infringes the subject matter of the Plaintiff’s Indian Patent No. 240207 or any claims thereof, including Regorafenib and any forms thereof.

4. The Plaintiff averred in the plaint that it was granted the above patent on 29th April 2010 and the drug covered i.e. Regorafenib is used for treatment of metastatic colorectal cancer and advanced gastro