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2020 Supreme(Del) 1473

MUKTA GUPTA
Astrazeneca Ab – Appellant
Versus
Torrent Pharmaceuticals Ltd – Respondent


Advocates Appeared:
Pravin Anand, Advocate, Vaishali Mittal, Advocate, Siddhant Chamola, Advocate, Rohin Koolwal, Advocate, Devyani Nath, Advocate, Souradeep Mukhopadhyay, Advocate, Sandeep Sethi, Advocate, Suhrita Majumdar, Advocate, Dominic Alvares, Advocate, Afzal B Khan, Advocate, Samik Mukherjee, Advocate, C.S. Vaidyanathan, Advocate, Bitika Sharma, Advocate, Adarsh Ramanujjan, Advocate, Namrita Kochar, Advocate, Nitya Sharma, Advocate, Devanshu Khanna, Advocate, Vrinda Pathak, Advocate, Akshay Nagarajan, Advocate, J. Sai Deepak, Advocate, C. Aryama Sundaram, Advocate, Lakshay Kaushik, Advocate, Rajeshwari H, Advocate, Tahir A J, Advocate, Praveen Singh, Advocate, G. Natrajan, Advocate, Avinash Sharma, Advocate, Sudhir Chandra, Advocate

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 shor

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