JUDGMENT

Mukta Gupta, J. - Brief Facts of the Plaintiffs:

1.1 By the present suits, the plaintiffs have sought decree of permanent injunction against the defendants and their employees and agents including third parties, for restraining them from manufacturing, selling, online retailing of the products comprising of the compound Dapagliflozin thereby infringing the patent owned by the plaintiffs being IN 235625 (in short, IN 625) besides damages and rendition of accounts in respect of the infringement of the patents IN 205147 (in short, IN 147) and IN 625.

1.2 By the present applications, the plaintiffs seek a temporary injunction restraining the defendants from manufacturing, selling, retailing etc. the compound Dapagliflozin thereby infringing the plaintiffs'' patent IN 625, rendition of accounts and an ex parte relief in terms thereof. Since interim injunctions were granted in CS(COMM) 323/2020, CS(COMM) CS(COMM) 426/2020 and CS(COMM) 346/2020, applications under Order XXXIX Rule 4 CPC have been filed therein.

1.3 The defendants in the present suits are Torrent Pharmaceuticals Ltd. (in short ''Torrent''), Micro Labs Limited (in short ''Micro Labs''), Zydus Healthcare Ltd.(in short ''Zydus''), ERIS Lifesciences Ltd. (in short ''ERIS''), USV Pvt. Ltd. (in short ''USV'') and MSN Laboratories Pvt. Ltd. (in short ''MSN'').

1.4 Plaintiff No.1 Astrazeneca AB is a company organized and existing under the laws of Sweeden operating as a subsidiary of Astrazeneca PLC. Plaintiff No.2 Astrazeneca Pharma India Limited is a company incorporated under the laws of India and an Indian subsidiary of Astrazeneca marketing pharmaceutical products in the domestic market. By the suit patent IN 235625 (in short IN "625) which is the species patent of IN 205147 the genus patent, plaintiffs claim to have invented the pharmaceutical composition i.e. Dapagliflozin which is a molecule having the chemical formula (2S, 3R, 4R, 5S, 6R) -2-[4-Chloro-3-(4-ethoxybenzyl)phenyl]-6- (hydroxymethyl)tetrahdro-2H-Pyran-3,4,5-triol.

1.5 According to the plaintiff Dapagliflozin has proven to be an effective Sodium-Glucose co-Transporter 2 (in short SGLT2) inhibitor indicated for managing diabetes mellitus type 2. SGLT2 protein is a transporter protein majorly responsible for the reuptake of the glucose in the proximal tubule, thus playing a crucial role in maintaining a balance between the levels of glucose excretion as well as plasma glucose level by modulating what proportion of sugar filtered by the kidneys gets reabsorbed in the blood plasma. In view of Dapagliflozin working in reduction in re-absorption of the glucose, the same has turned out to be very effective in control of diabetes and diabetic complication such as retinopathy, neuropathy, nephropathy, wound healing and related diseases. The plaintiff''s distributor in India, namely Sun Pharma Laboratories Limited and Abbott Healthcare Private Limited make drugs comprising of Dapagliflozin, such as OXRA, OXAMET, OXMET IR, OXRAMET XR and GLEDEPA, GLEDEPA MET IR and GLEDEPA MET XR.

1.6 Plaintiff No.1 is the registered holder of the patent IN ''147 having the title ''A C-ARYL GLUCOSIDE'' wherein the plaintiffs claimed the Markush structure which covered numerous compounds and based on various permutations and combination, quadrillion compounds could be prepared. The relevant bibliographic chart of the genus patent is as under:-

1.7 Plaintiff No.1 is also the registered holder of species patent IN ''625 "A COMPOUND (2S, 3R, 4R,5S,6R)-2(4-CHLORO-3(4-ETHOXYBENZYL) PHENYL)-6 (HYDROXYMETHL) TETRAHYDRO-2H-PYRAN-3, 4, 5- TRIOL AND COMPOS